Vaughn v. Texas Board of Pardons and Paroles

Full title: ROBBY LYNN VAUGHN, PRO SE, TDCJ-ID #529003 Plaintiff, v. TEXAS BOARD OF…

Court: United States District Court, N.D. Texas, Amarillo Division

Date published: Apr 3, 2002

2:00-CV-0086 (N.D. Tex. Apr. 3, 2002)

Opinion

2:00-CV-0086

April 3, 2002

ORDER OF DISMISSAL

MARY LOU ROBINSON, United States District Judge:

Plaintiff ROBBY LYNN VAUGHN, while a prisoner incarcerated in the custody of the Texas Department of Criminal Justice, Institutional Division, has filed suit pursuant to Title 42, United States Code, Section 1983 complaining against the above-named defendants and was permitted to proceed pursuant to Title 28, United States Code, section 1915(b). On February 28, 2002, a Report and Recommendation was issued by the United States Magistrate analyzing plaintiff's claims under Title 28, United States Code, section 1915A and section 1915(e)(2), and recommending that the Civil Rights Complaint filed pursuant to Title 42, United States Code, Section 1983, by plaintiff be dismissed with prejudice as moot, as frivolous, and because it seeks monetary relief from a defendant who is immune from such relief.

No objections to the Report and Recommendation of the Magistrate Judge have been received from plaintiff, and the period for response has expired.

The Court has made an independent examination of the records in this case and has examined the Magistrate Judge's Report and Recommendation. The Court is of the opinion that the Report and Recommendation of the United States Magistrate Judge should be ADOPTED by the United States District Court.

This Court, therefore, does hereby ADOPT the Report and Recommendation of the United States Magistrate Judge in this case.

IT IS THEREFORE ORDERED that the Civil Rights Complaint filed pursuant to Title 42, United States Code, section 1983, by plaintiff ROBBY LYNN VAUGHN be DISMISSED WITH PREJUDICE AS MOOT, AS FRIVOLOUS, AND BECAUSE IT SEEKS MONETARY RELIEF FROM A DEFENDANT WHO IS IMMUNE FROM SUCH RELIEF.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Any pending motions are DENIED.

The Clerk will mail a copy of this Order to the plaintiff, and to any attorney of record by first class mail. The Clerk will also mail a copy of this Order of Dismissal to TDCJ-Office of the General Counsel, P.O. Box 13084, Austin, TX 78711; and to Claire Laric at the U.S. District Court for the Northern District of Texas, Dallas Division.