Short v. Brauchle

Full title: JAMES THOMAS SHORT, JR., Plaintiff, VS. PAUL BRAUCHLE, ET AL., Defendants

Court: United States District Court, N.D. Texas, Dallas Division

Date published: Mar 25, 2003

NO. 3-03-CV-0205-D (N.D. Tex. Mar. 25, 2003)

Opinion

NO. 3-03-CV-0205-D

March 25, 2003

ORDER

SIDNEY FITZWATER, District Judge

After conducting a review of the pleadings, files and records in this case, and the Findings and Recommendation of the United States Magistrate Judge in accordance with 28 U.S.C. § 636(b)(1), I am of the opinion that the Findings and Recommendation of the Magistrate Judge are correct and they are hereby accepted as the Findings of the Court.

JUDGMENT

This action came on for consideration by the Court, and the issues having been duly considered and a decision duly rendered,

It is ORDERED, ADJUDGED and DECREED that:

1. Plaintiff's civil rights complaint is dismissed as frivolous pursuant to 28 U.S.C. § 1915(e)(2). The remaining portion of the complaint is construed as an application for writ of habeas corpus and is dismissed for failure to exhaust state remedies.

2. The Clerk shall transmit a true copy of this Order and the Order adopting the Findings and Recommendation of the United States Magistrate Judge to plaintiff.