Summary
dismissing plaintiff's complaints "as frivolous pursuant to 28 U.S.C. § 1915(e) because Plaintiff . . . failed to show that the court has personal jurisdiction over certain Defendants named in the lawsuit"
Summary of this case from Larson v. SharpOpinion
Civil Action No. 3:01-CV-2634-L
January 31, 2002
ORDER
This is a civil rights case brought under 42 U.S.C. § 1983. Plaintiff, who has been granted leave to proceed in this action in forma pauperis, is an inmate at the Federal Medical Center in Springfield, Missouri. Defendants are the warden, various prison employees, and four Texas doctors. Pursuant to 28 U.S.C. § 636(b), and an order of the court in implementation thereof, this action was referred to the United States magistrate judge for proposed findings and recommendation. On January 11, 2002, the Findings and Recommendation of the United States Magistrate Judge were filed. On January 23, 2002, Plaintiff filed his objections to the magistrate judge's findings and recommendation.
The magistrate judge recommends that this action be summarily dismissed as frivolous pursuant to 28 U.S.C. § 1915(e)(2) because Plaintiff has failed to present a logical set of facts to support any of his claims for relief; has failed to show that the court has personal jurisdiction over certain Defendants named in the lawsuit; and has failed to show that his claim for inadequate medical care has been filed within the applicable limitations period. Like his complaint, Plaintiff's "objections" to the magistrate judge's report are not presented in a logical coherent matter and are in essence a hodgepodge of rambling, incoherent and conclusory statements. From what the court can tell, Plaintiff objects to the magistrate judge's finding that his medical care claim is barred by a two-year statute of limitations and that his claims should be dismissed as frivolous. Because Plaintiff has wholly failed to explain why he contends these findings are erroneous, or otherwise state a legal basis to support his objections, the court finds them to be without merit.
Having reviewed the pleadings, files and record in this case, the findings and conclusions of the magistrate judge, and Plaintiff's objections, the court concludes that the magistrate judge's findings and conclusions are correct. Plaintiff's objections are overruled, and the magistrate judge's findings and conclusions are hereby accepted as the findings and conclusions of the court. Accordingly, Plaintiff's complaint is hereby summarily dismissed with prejudice as frivolous pursuant to 28 U.S.C. § 1915(e)(2).
It is so ordered.