Summary
accepting findings, conclusions, and recommendation of magistrate judge
Summary of this case from Canfield v. Baylor Medical CenterOpinion
Civil Action No. 3:01-CV-1398-L
November 30, 2001
ORDER
Pursuant to 28 U.S.C. § 636(b), and an order of the District Court in implementation thereof, this action was referred to the magistrate judge for proposed findings and recommendation. On October 31, 2001, the Findings, Conclusions and Recommendation of the United States Magistrate Judge were filed. On November 14, 2001, Plaintiff filed his objections to the magistrate judge's findings and recommendation.
After making an independent review of the pleadings, files and record in this case, the findings and conclusions of the magistrate judge, and Plaintiffs objections thereto, the court concludes that the magistrate judge's findings and conclusions are correct, except for a typographical error contained on page four of the report. There, the magistrate judge states that "Plaintiff has failed to show that the Dallas County Sheriffs Department has ever been granted the capacity to sue or be sued." Findings, Conclusions and Recommendation of the United States Magistrate Judge at 4. Since the Dallas County Sheriffs Department is not a party to this lawsuit, the court believes that what the magistrate judge intended to say was that "Plaintiff has failed to show that the Dallas County District Attorney's Office has ever been granted the capacity to sue or be sued." The court therefore substitutes the words "Dallas County District Attorney's Office" for "Dallas County Sheriffs Department" on page four, line six of the report. Plaintiffs objections are overruled, and the magistrate judge's findings and conclusions are accepted, as modified herein, as the findings and conclusions of the court. Accordingly, Plaintiffs Complaint is hereby dismissed with prejudice as frivolous pursuant to 28 U.S.C. § 1915A(b)(1) and 1915(e)(2)(B)(i).