Pike v. Gregg County Sheriff's Office

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TEXAS

No. 6:20-cv-00619

Sean David Pike,

Plaintiff,

V.

Maxey Cerliano, et al.,

Defendants.

ORDER

Plaintiff Sean David Pike, an inmate at Gregg County Jail pro- ceeding pro se, filed this lawsuit against defendant Maxey Cerliano, among others, pursuant to 42 U.S.C. § 1983. This case was referred to United States Magistrate Judge K. Nicole Mitchell. The magis- trate judge issued a report recommending that defendant’s motion to dismiss be granted and that plaintiff’s civil rights lawsuit be dis- missed, with prejudice, for the failure to state a claim upon which relief may be granted. Doc. 65. Plaintiff filed timely objections. Doc. 67.

When timely objections to a magistrate judge’s report and rec- ommendation are filed, the court reviews them de novo. See Douglass vy. United Servs. Auto. Ass’n, 79 F.3d 1415, 1420 (5th Cir. 1996). Hav- ing reviewed the magistrate judge’s report de novo, the court accepts its findings and recommendation. Defendants’ motion to dismiss, (Doc. 19), is granted. Plaintiff’s objections are overruled, and this civil rights action is dismissed, with prejudice, for the failure to state a claim upon which relief may be granted.

So ordered by the court on August 19, 2021. fabs BARKER

United States District Judge