UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:19-cv-00265 Sederick Von Lee, Plaintiff, V. Maxey Cerliano, Defendant. Before BARKER, District Judge ORDER On June 17, 2019, plaintiff filed this action alleging violations of his constitutional rights while confined in the Gregg County Jail in 2011. Doc. 1. The case was then referred to United States Magistrate Judge John D. Love pursuant to

(b)(1) and (3). Judge Love issued a report and recommendation, Doc. 14, which recommended that this case be dismissed as malicious with prejudice for purposes of proceeding in forma pauperis. The report further noted that, earlier this year, plaintiff filed an identical lawsuit to this one, which the court dismissed because the statute of limitations had run.' Plaintiff filed no objections. The court now reviews magistrate judge’s conclusions of law and fact for plain error. Douglass v. United Services Automobile Association,

(5th Cir. 1996) (en banc). The court finds no error. Accordingly, the report and recommendation is adopted. The complaint is dismissed with prejudice. Any pending motions in this case are hereby denied. The clerk of court is directed to close this case.

1 6:19-cv-00028

So ordered by the court on August 21, 2019.

J7CAMPBELL BARKER United States District Judge

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