Robinson v. Fed. Bureau of Prisons

Full title: GARY DON ROBINSON v. FEDERAL BUREAU OF PRISONS, ET AL.

Court: UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION

Date published: Sep 17, 2019

CIVIL ACTION NO. 1:10cv471 (E.D. Tex. Sep. 17, 2019)

Opinion

CIVIL ACTION NO. 1:10cv471

09-17-2019

GARY DON ROBINSON v. FEDERAL BUREAU OF PRISONS, ET AL.

Thad Heartfield United States District Judge

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

Plaintiff Gary Don Robinson, an inmate at the Federal Correctional Complex located in Beaumont, Texas, proceeding pro se, brought the above-styled lawsuit.

The court referred this matter to the Honorable Keith F. Giblin, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The Magistrate Judge recommends the defendants' motion to dismiss and motion for summary judgment should be granted and the action be dismissed. Additionally, the Magistrate Judge recommended that the exercise of supplemental jurisdiction should be declined pursuant to 28 U.S.C. § 1367(c).

The court has received and considered the Report and Recommendation of United States Magistrate Judge filed pursuant to such referral, along with the record and pleadings. Plaintiff filed objections to the Magistrate Judge's Report and Recommendation. This requires a de novo review of the objections in relation to the pleadings and the applicable law. See FED. R. CIV. P. 72(b).

After careful consideration, the court concludes plaintiff's objections are without merit. For the reasons set forth in the Report, the defendants' motion to dismiss and motion for summary judgment should be granted.

ORDER

Accordingly, plaintiff's objections are OVERRULED. The findings of fact and conclusions of law of the Magistrate Judge are correct and the report of the Magistrate Judge is ADOPTED. It is therefore

ORDERED that the defendants' motion to dismiss and motion for summary judgment is GRANTED. The court declines the exercise of supplemental jurisdiction over any state law claim pursuant to 28 U.S.C. § 1367(c). A final judgment will be entered in this case in accordance with the Magistrate Judge's recommendations.

SIGNED this the 17 day of September, 2019.

/s/_________

Thad Heartfield

United States District Judge