Opinion
CIVIL ACTION NO. 6:15cv569
10-26-2020
HOWARD F. CARROLL, #1067360 v. JOHN RUPERT, ET AL.
ORDER ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Plaintiff Howard F. Carroll, a prisoner confined at the Clements Unit within the Texas Department Criminal Justice (TDCJ), proceeding pro se, filed this complaint pursuant to 42 U.S.C. § 1983 alleging violations to his constitutional rights. The case was referred to United States Magistrate Judge, the Honorable K. Nicole Mitchell, for findings of fact, conclusions of law, and recommendations for the disposition of the case.
The Court first notes that this case was recently reopened following the Fifth Circuit's adjudication of Plaintiff's second interlocutory appeal in this case. On September 25, 2018, Judge Mitchell issued a Report (Docket No. 280) recommending that Plaintiff Carroll's claims against Defendant Hill be dismissed without prejudice pursuant to Federal Rule of Civil Procedure 4(m). Plaintiff has filed timely objections, (Docket No. 300).
The Court has conducted a careful de novo review of record and the Magistrate Judge's proposed findings and recommendations. See 28 U.S.C. §636(b)(1) (District Judge shall "make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made."). Upon such de novo review, the Court has determined that the Report of the United States Magistrate Judge is correct and Plaintiff's objections are without merit. Accordingly, it is
ORDERED that Plaintiff's objections (Docket No. 300) are overruled and the Report of the Magistrate Judge (Docket No. 280) is ADOPTED as the opinion of the District Court. It is also
ORDERED that Plaintiff Carroll's claims against Defendant Hill are DISMISSED without prejudice pursuant to Federal Rule of Civil Procedure 4(m).
So ORDERED and SIGNED this 26th day of October, 2020.
/s/_________
JEREMY D. KERNODLE
UNITED STATES DISTRICT JUDGE