Opinion
Civil Action No. 3:04-CV-1690-M.
October 21, 2004
ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
After making an independent review of the pleadings, files and records in this case, and the Findings, Conclusions and Recommendation of the United States Magistrate Judge dated September 20, 2004, the Court finds that the Findings, Conclusions and Recommendation of the Magistrate Judge are correct and they are accepted as the Findings, Conclusions and Recommendation of the Court. Contrary to what is stated in his objections, Plaintiff does not in this case allege imminent fear of serious physical injury at the time this Complaint was filed. Banos v. O'Guin, 144 F.3d 883 (5th Cir. 1998).
IT IS, THEREFORE, ORDERED that the Findings, Conclusions and Recommendation of the United States Magistrate Judge are accepted.
SO ORDERED.