Opinion
Civil Action 9:23-cv-149
09-26-2023
BRANDON D. WILLIAMS v. BALDEN POLK, ET AL.
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
CHRISTINE L STETSON, UNITED STATES MAGISTRATE JUDGE
Brandon Williams, proceeding pro se, filed what has been construed as a civil rights lawsuit.
This matter was referred to the undersigned magistrate judge pursuant to 28 U.S.C. § 636 and the Amended Order for the Adoption of Local Rules for the Assignment of Duties to the United States Magistrate Judge for findings of fact, conclusions of law, and recommendations for the disposition of the case.
Discussion
Plaintiff previously filed a substantially similar complaint raising similar allegations against the same defendants. That lawsuit has been assigned civil action number 9:23cv139. As this matter is repetitious of civil action number 9:23cv139, it should be dismissed without prejudice.
Recommendation
This lawsuit should be dismissed without prejudice as repetitious.
Objections
Objections must be (1) specific, (2) in writing, and (3) served and filed within 14 days after being served with a copy of this report. 28 U.S.C. § 636(b)(1); FED. R. CIV. P. 6(a), 6(b) and 72(b).
A party's failure to object bars that party from (1) entitlement to de novo review by a district judge of proposed findings and recommendations, Rodriguez v. Bowen, 857 F.2d 275, 276-77 (5th Cir. 1988), and (2) appellate review, except on grounds of plain error, of unobjected-to factual findings and legal conclusions accepted by the district court, Douglass v. United Serv. Auto. Ass'n., 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc).