Opinion
CIVIL ACTION NO. 9:21cv14
04-14-2021
JERRY BLANEY v. UTMB, ET AL.
** NOT FOR PRINTED PUBLICATION **
ORDER OVERRULING OBJECTIONS AND ACCEPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
Plaintiff Jerry Blaney, an inmate at the Eastham Unit, proceeding pro se, brought the above-styled lawsuit pursuant to 42 U.S.C. § 1983.
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 this action be dismissed pursuant to 28 U.S.C. § 1915(g) and sanctions imposed by the United States District for the Northern District of Texas.
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. Plaintiff's allegation that "[t]hese Federal and State Judges had [him] injected with MSRA and are now allowing [him] to die of this infection" is without factual support. See Objections, Docket Entry No. 13 at *4. For the reasons set forth in the Report, plaintiff's complaint is barred by 28 U.S.C. § 1915(g) and the sanctions imposed by the Northern District of Texas.
ORDER
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 ACCEPTED. A final judgment will be entered in this case in accordance with the Magistrate Judge's recommendations.
So ORDERED and SIGNED, Apr 14, 2021.
/s/_________
Ron Clark
Senior Judge