Opinion
Civil Action 3:23-CV-0089-S-BN
07-13-2023
JAMES DRAUCKER, #23-000262 v. STATE OF TEXAS, et al.
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
The United States Magistrate Judge made findings, conclusions, and a recommendation in this case. Objections were filed. The District Court reviewed de novo those portions of the proposed findings, conclusions, and recommendation to which objection was made, and reviewed the remaining proposed findings, conclusions, and recommendation for plain error. Finding no error, the Court ACCEPTS the Findings, Conclusions, and Recommendation of the United States Magistrate Judge.
In connection with Plaintiff James Draucker's Objections to Findings, Conclusions and Recommendations (“Objections”) [ECF No. 11], Plaintiff made a request for appointment of counsel. See Objections 8. For the reasons set forth in the findings, conclusions, and recommendation, the request is DENIED. Plaintiff has not shown that exceptional circumstances require the appointment of counsel under 28 U.S.C. § 1915(e)(1).
Finally, after filing the Objections, Plaintiff filed a Motion for Leave to Amend Complaint [ECF No. 12]. The Motion is DENIED. For the reasons set forth in the findings, conclusions, and recommendation, the Court finds that amendment would be futile.
SO ORDERED.