Abbott v. Kilgore Police Department

District Court, E.D. Texas

Abbott v. Kilgore Police Department

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:23-cv-00506 Justin Ray Abbott, Plaintiff, V. Kilgore Police Department et al., Defendants.

ORDER Plaintiff Justin Ray Abbott, an inmate of the Gregg County Jail proceeding pro se and 7 forma pauperis, filed this civil rights lawsuit pursuant to

42 U.S.C. § 1983

. The case was referred to United States Magistrate Judge John D. Love pursuant to

28 U.S.C. § 636

(b). Doc. 3. On October 30, 2023, the magistrate judge submitted a report recommending that plaintiff’s claims against the Kilgore Police De- partment be dismissed for failure to state a claim upon which relief can be granted. Doc. 5. Plaintiff’s other claims are proceeding as in- structed by separate order. Doc. 6. A copy of the report was mailed to the plaintiff, who has not filed an objection within the time per- mitted. When no party objects to the magistrate judge’s report and rec- ommendation, the court reviews it only for clear error. See Douglass vy. United Servs. Auto. Ass’n,

79 F.3d 1415, 1420

(Sth Cir. 1996). Hav- ing reviewed the magistrate judge’s report, and being satisfied that it contains no clear error, the court accepts its findings and recommen- dation. All claims against the Kilgore Police Department are dis- missed from this suit pursuant to 28 U.S.C. § 1915A(b).

So ordered by the court on December 4, 2023.

fLackoe BARKER United States District Judge

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Reference

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