Pruitt v. Bennett Pruitt v. Bennett (E.D. Tex., 2018)

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

                Plaintiff Curtis L. Pruitt, a former prisoner, proceeding pro se and in forma pauperis filed this civil rights action pursuant to Bivens v. Six Unknown Agents of Federal Bureau of Narcotics 403 U.S. 388 (1971), against Cobb Bennett, M. Bevil, E. Landry, Lieutenant Garnica, and E. Franks.

                The court ordered that this matter be referred 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 dismissing the action pursuant to 28 U.S.C. § 1915(e) as frivolous and for failure to state a claim upon which relief may be granted.

                The court has received and considered the Report and Recommendation of United States Magistrate Judge, along with the record and the pleadings. Plaintiff filed objections to the Magistrate Judge's Report and Recommendation.

                The court has conducted 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 the objections are without merit. For the reasons stated by the Magistrate Judge, this civil rights action is frivolous and fails to state a claim upon which relief may be granted.

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                Accordingly, plaintiff's objections (document no. 42) are OVERRULED. The findings of fact and conclusions of law of the Magistrate Judge are correct, and the report of the Magistrate Judge (document no. 37) is ADOPTED. A final judgment will be entered in this case in accordance with the Magistrate Judge's recommendation.

                So Ordered and Signed                Aug 28 2018

                /s/_________                Ron Clark, Senior District Judge