Smithback v. Doe

Full title: ROBERT N. SMITHBACK, Plaintiff, v. JOHN DOE, Commissary Director, Preston…

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

Date published: Aug 31, 2004

Civil Action No. 3:04-CV-146-L (N.D. Tex. Aug. 31, 2004)

Opinion

Civil Action No. 3:04-CV-146-L.

August 31, 2004

ORDER

SAM LINDSAY, District Judge

This is a pro se civil rights case. Pursuant to 28 U.S.C. § 636(b), and an order of the court in implementation thereof, this action was referred to the United States magistrate judge for proposed findings and recommendation. On February 12, 2004, the Findings, Conclusions and Recommendation of the United States Magistrate Judge were filed, to which no objections were filed.

The magistrate judge recommends that Plaintiff's complaint be dismissed as frivolous pursuant to 28 U.S.C. § 1915A(b)(1). Having reviewed the pleadings, file and record in this case, and the findings of the magistrate judge, the court determines that the findings are correct. The magistrate judge's findings are accepted as those of the court. Accordingly, Plaintiff's complaint is dismissed with prejudice as frivolous pursuant to 28 U.S.C. § 1915A(b)(1).

It is so ordered.