Stewart v. Hardy

Full title: JOSEPH H. STEWART, III, Plaintiff, v. DAVID M. HARDY, Defendant

Court: United States District Court, E.D. Texas

Date published: Jul 27, 2006

Civil Action No. 1:06-CV-170 (E.D. Tex. Jul. 27, 2006)

Opinion

Civil Action No. 1:06-CV-170.

July 27, 2006

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

MARCIA CRONE, District Judge

Plaintiff Joseph H. Stewart, III, an inmate confined at the Michael Unit of the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, brought this action against David M. Hardy pursuant to Title 5 U.S.C. § 552. Plaintiff submitted an application to proceed in forma pauperis.

The court referred this matter to the Honorable Keith F. Giblin, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The Magistrate Judge recommends this action be dismissed pursuant to 28 U.S.C. § 1915(g).

The court has received and considered the Report and Recommendation of United States Magistrate Judge filed pursuant to such referral, along with the record, pleadings and all available evidence. 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 that Plaintiff's objections are without merit.

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. A final judgment will be entered in this case in accordance with the magistrate judge's recommendation.