Fisher v. Matt

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS DAVID LEE FISHER, §

§ Plaintiff, §

§ versus § CIVIL ACTION NO. 1:18-CV-103

§ OFFICER MATT, et al., §

§ Defendants. § MEMORANDUM ORDER ADOPTING THE MAGISTRATE

JUDGE’S REPORT AND RECOMMENDATION Plaintiff David Lee Fisher, a prisoner previously confined at the United States Penitentiary in Beaumont, Texas, proceeding pro se, brought this civil rights action pursuant to Bivens v. Six Unknown Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971).

The court referred this matter 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) 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 filed pursuant to such order, along with the record, pleadings and all available evidence. No objections to the Report and Recommendation of United States Magistrate Judge were filed by the parties.

ORDER Accordingly, the findings of fact and conclusions of law of the magistrate judge are correct, and the report of the magistrate judge (#6) is ADOPTED. A final judgment will be entered in this case in accordance with the magistrate judge’s recommendation.

SIGNED at Beaumont, Texas, this 23rd day of March, 2021.

MARCIA A. CRONE UNITED STATES DISTRICT JUDGE