Lawson v. Stephens

Full title: ERICK LAWSON v. WILLIAM STEPHENS, ET AL.

Court: UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION

Date published: Mar 23, 2020

CIVIL ACTION NO. 1:16cv104 (E.D. Tex. Mar. 23, 2020)

Opinion

CIVIL ACTION NO. 1:16cv104

03-23-2020

ERICK LAWSON v. WILLIAM STEPHENS, ET AL.

Thad Heartfield United States District Judge

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

Plaintiff Erick Lawson, formerly an inmate at the Hightower Unit of the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, brought the above-styled lawsuit.

The court referred this matter to the Honorable Zack Hawthorn, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The Magistrate Judge recommends the defendant's motion to dismiss be granted and plaintiff's action be dismissed with prejudice. Additionally, the Magistrate Judge recommended that the exercise of supplemental jurisdiction be declined.

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. For the reasons set forth in the Report, the defendant's motion to dismiss should be granted. Additionally, while plaintiff argues in his objections that his claims state a cognizable cause of action pursuant to State law, supplemental jurisdiction will be declined because all claims over which this court has original jurisdiction are dismissed.

ORDER

Accordingly, 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 ADOPTED. It is therefore

ORDERED that the defendant's motion to dismiss is GRANTED. It is further

ORDERED that the exercise of supplemental jurisdiction is DECLINED. Accordingly, plaintiff's complaint will be dismissed with prejudice. A final judgment will be entered in this case in accordance with the Magistrate Judge's recommendations.

SIGNED this the 23 day of March, 2020.

/s/_________

Thad Heartfield

United States District Judge