Witty v. Simpson

Full title: JOSEPH WITTY v. DANIEL SIMPSON, ET AL

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

Date published: Jan 30, 2001

No. 3-01-CV-5-R (N.D. Tex. Jan. 30, 2001)

Opinion

No. 3-01-CV-5-R

January 30, 2001

ORDER

Jerry Buchmeyer, United States District 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, I am of the opinion that the findings and conclusions of the Magistrate Judge are correct and they are adopted as the findings and conclusions of the Court.

IT IS, THEREFORE, ORDERED that the findings, conclusions and recommendation of the United States Magistrate Judge are adopted.

JUDGMENT

This action came on for consideration by the Court, and the issues having been duly considered and a decision duly rendered,

It is ORDERED, ADJUDGED AND DECREED that the Plaintiffs complaint as to Defendants Simpson, Shaw, Phillips and Turner be and it is hereby dismissed with prejudice as frivolous See 28 U.S.C. § 1915A(b)(1) and 1915(e)(2)(B)(i) and that his complaint against Defendant Hanna be dismissed as barred by the doctrine of absolute immunity, See § 1915A(b)(2) and 1915(e)(2)(B)(iii).

IT IS FURTHER ORDERED that the Clerk shall transmit a true copy of this judgment and the order adopting the Findings, Conclusions and Recommendation of the United States Magistrate Judge to Plaintiff.