Opinion
Civil Action 1:21-CV-258
11-08-2022
EDWING AHMED ALVAREZ v. RUSTY THURMAN, ET AL.
ORDER OVERRULING PLAINTIFF'S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
MICHAEL J. TRUNCALE UNITED STATES DISTRICT JUDGE
Plaintiff Edwing Ahmed Alvarez, a prisoner confined at the Stiles Unit of the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 against Rusty Thurman, Daniel Montgomery, Anthony D. Ross, and Jessica Elder.
The Court referred this matter to the Honorable Zack Hawthorn, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this Court. The magistrate judge recommends dismissing Plaintiff's due process, retaliation, equal protection, and access to courts claims pursuant to 28 U.S.C. § 1915(e) as frivolous and for failure to state a claim upon which relief may be granted. The magistrate judge also recommends dismissing Defendants Rusty Thurman and Daniel Montgomery from this action.
The Court has received and considered the Report and Recommendation of United States Magistrate Judge, along with the record and the pleadings. Plaintiff filed a Motion to File RePleading Due to Additional Findings of Fact and Conclusions of Law, which the Court liberally construes as objections to the Report and Recommendation.
The Court has conducted 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 the objections are without merit.
ORDER
Accordingly, Plaintiff's objections [Dkt. 20] are OVERRULED. The findings of fact and conclusions of law of the magistrate judge are correct, and the report of the magistrate judge [Dkt. 18] is ADOPTED. The due process, retaliation, equal protection, and access to courts claims are DISMISSED pursuant to 28 U.S.C. § 1915(e). Defendants Rusty Thurman and Daniel Montgomery are DISMISSED from this action.