Opinion
Case No. 6:20-cv-600-JDK-JDL
05-26-2021
JOHN LOUIS ATKINS, #2184778, Plaintiff, v. JULIE D. BALES, et al., Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Plaintiff John Louis Atkins, a Texas Department of Criminal Justice prisoner proceeding pro se, filed this civil rights lawsuit pursuant to 42 U.S.C. § 1983. The case was referred to United States Magistrate Judge John D. Love for findings of fact, conclusions of law, and recommendations for disposition.
On April 27, 2021, the Magistrate Judge issued a Report and Recommendation (Docket No. 7), recommending that Plaintiff's case be dismissed with prejudice pursuant to 28 U.S.C. §§ 1915A(b)(1) and 1915(e)(2)(b). Plaintiff filed timely objections. (Docket No. 8).
The Court reviews the findings and conclusions of a Magistrate Judge de novo if a party objects within fourteen days of service of the Report and Recommendation. 28 U.S.C. § 636(b)(1). In conducting a de novo review, the Court examines the entire record and makes an independent assessment under the law. Douglass v. United Servs. Auto. Ass'n, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc), superseded on other grounds by statute, 28 U.S.C. § 636(b)(1) (extending the time to file objections from ten to fourteen days).
Having reviewed Plaintiff's objections de novo, the Court concludes that the objections are without merit and that the findings and conclusions of the Magistrate Judge are correct Accordingly, the Court hereby OVERRULES Plaintiff's objections (Docket No. 8) and ADOPTS the Report and Recommendation of the United States Magistrate Judge (Docket No. 7) as the findings of this Court. It is therefore ORDERED that this case is DISMISSED with prejudice for failure to state a claim upon which relief can be granted pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b). All pending motions are DENIED as moot.
So ORDERED and SIGNED this 26th day of May, 2021.
/s/_________
JEREMY D. KERNODLE
UNITED STATES DISTRICT JUDGE