Turner v. Collier

District Court, E.D. Texas

Turner v. Collier

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS LEWIS B. TURNER, § § Plaintiff, § § versus § CIVIL ACTION NO. 1:21-CV-340 § BRYAN COLLIER, et al., § § Defendants. § MEMORANDUM ORDER OVERRULING PLAINTIFF’S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Plaintiff Lewis B. Turner, an inmate formerly confined at the LeBlanc Unit, proceeding pro se, brought this lawsuit pursuant to

42 U.S.C. § 1983

. The court referred this matter to the Honorable Christine L. Stetson, 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 as frivolous and for failing to state a claim. The court has received and considered the Report and Recommendation of United States Magistrate Judge filed pursuant to such referral, along with the record, pleadings and all available evidence. Plaintiff filed objections to the magistrate judge’s Report and Recommendation. This requires a de novo review of the objections in relation to the pleadings and the applicable law. See FED. R. CIV. P. 72(b). After careful consideration, the court concludes plaintiff’s objections are without merit. Plaintiff’s allegations fail to rise to the level of egregious conduct required to satisfy the deliberate indifference standard. See Gobert v. Caldwell,

463 F.3d 339, 351

(5th Cir. 2006). Therefore, plaintiff’s objections are without merit. O R D E R Accordingly, plaintiff’s objections are OVERRULED. The findings of fact and conclusions of law of the magistrate judge are correct, and the report of the magistrate judge is ADOPTED. A final judgment will be entered in this case in accordance with the magistrate judge’s recommendation.

SIGNED at Beaumont, Texas, this 16th day of July, 2024.

MARCIA A. CRONE UNITED STATES DISTRICT JUDGE

Reference

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