Opinion
Civil No. 7:12-CV-090-O-BL
06-26-2012
EDWARD J. COLEMAN, JR., TDCJ No. 592708, Plaintiff, v. UNKNOWN DEFENDANTS, Defendants.
REPORT AND RECOMMENDATION
On June 15, 2012, Plaintiff submitted a notice to the Court stating that "... the complaint which was [filed is] not a law suit ... I'm not filing a law suit." Rather, Plaintiff asks the Court to initiate a federal investigation into prison food service practices which he believes are unlawful.Plaintiff is hereby put on notice that this Court does not initiate federal investigations. If he seeks an investigation into alleged unlawful conduct, Plaintiff should contact the appropriate law enforcement agency. Plaintiff's notice is hereby construed as a request for dismissal of the case. Review of the Clerk's docket sheet reflects that no Defendant has been served or made an appearance in this action.
Plaintiff is an inmate confined in the James V. Allred Unit of the Texas Department of Criminal Justice in Iowa Park, Texas. His original complaint includes claims of murder of inmates by guards, mail tampering, denial of food, and abuse by predatory offenders. The complaint was properly docketed as a civil rights action by the Clerk of Court.
For the foregoing reasons, I recommend that Plaintiff's request for dismissal be GRANTED and that this case be DISMISSED without prejudice pursuant to Rule 41 (a)(2), Federal Rules of Civil Procedure.
A copy of this report and recommendation shall be served on all parties in the manner provided by law. Any party who objects to any part of this report and recommendation must file specific written objections within 14 days after being served with a copy. See 28 U.S.C. § 636(b)(1); FED. R. CIV. P. 72(b). In order to be specific, an objection must identify the specific finding or recommendation to which objection is made, state the basis for the objection, and specify the place in the magistrate judge's report and recommendation where the disputed determination is found. An objection that merely incorporates by reference or refers to the briefing before the magistrate judge is not specific. Failure to file specific written objections will bar the aggrieved party from appealing the factual findings and legal conclusions of the magistrate judge that are accepted or adopted by the district court, except upon grounds of plain error. See Douglass v. United Services Automobile Ass 'n, 79 F.3d 1415,1417 (5th Cir. 1996).
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E. SCOTT FROST
UNITED STATES MAGISTRATE JUDGE