Burleson v. The Township of Coolidge, Texas

District Court, W.D. Texas

Burleson v. The Township of Coolidge, Texas

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS WACO DIVISION

SAMUEL BURLESON § Plaintiff, § § 6:23-CV-00042-ADA-JCM v. § § THE TOWNSHIP OF COOLIDGE, § TEX., § Defendant. §

ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Before the Court is the Report and Recommendation of United States Magistrate Judge Jeffrey C. Manske. ECF No. 4. The Report recommends that this Court dismiss this case under

28 U.S.C. § 1915

(e)(2)(B)(i). The Report and Recommendation was filed on February 23, 2023. A party may file specific, written objections to the proposed findings and recommendations of the magistrate judge within fourteen days after being served with a copy of the report and recommendation, thereby securing de novo review by the district court.

28 U.S.C. § 636

(b); Fed. R. Civ. P. 72(b). A district court need not consider “[f]rivolous, conclusive, or general objections.” Battle v. U.S. Parole Comm’n,

834 F.2d 419, 421

(5th Cir. 1987) (quoting Nettles v. Wainwright,

677 F.2d 404

, 410 n.8 (5th Cir. 1982) (en banc), overruled on other grounds by Douglass v. United States Auto. Ass’n,

79 F.3d 1415

(5th Cir. 1996)). Plaintiff filed objections on March 2, 2023. ECF No. 5. The Court has conducted a de novo review of the report and recommendation, the objections to the report and recommendation, and the applicable laws. After that thorough review, the Court is persuaded that the Magistrate Judge’s findings and recommendation should be adopted. IT IS THEREFORE ORDERED that the Report and Recommendation of United States Magistrate Judge Manske, ECF No. 4, is ADOPTED. IT IS FURTHER ORDERED that Plaintiff's objections are OVERRULED. IT IS FURTHER ORDERED that this case is dismissed as frivolous under

28 U.S.C. § 1915

(e)(2)(B)Q).

SIGNED this 20th day of March, 2023. ™~s, ot } ALAN D ALBRIGHT UNITED STATES DISTRICT JUDG

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