Dameyon West v. Lehnert et al.
Dameyon West v. Lehnert et al.
Trial Court Opinion
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS WACO DIVISION
Dameyon West, § Plaintiff, § § v. § Case No. 6:22-CV-00900-ADA § Lehnert et al., § Defendants. §
ORDER Before the Court is the Report and Recommendation of United States Magistrate Judge Jeffrey Manske. ECF No. 6. The report recommends that Plaintiff’s request to proceed in forma pauperis be GRANTED and that his complaint be DISMISSED WITH PREJUDICE.1 The re- port and recommendation was filed on November 10, 2022. 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 rec- ommendation, 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 West filed objections on November 17, 2022. ECF No. 7. The Court has conducted a de novo review of Plaintiff’s the motion to proceed in forma pauperis, the complaint, the report and recommendation, the objection to the report and recommendation, and the applicable laws.
1 Judge Manske’s recommendation does not use the term prejudice, but the Court understands Judge Manske’s opinion to say that any amendment to Plaintiff’s complaint would be futile. ECF No. 6 at 2-3. After that thorough review, the Court is persuaded that the Magistrate Judge’s findings and rec- ommendation should be adopted. IT IS THEREFORE ORDERED that the Report and Recommendation of United States Magistrate Judge Jeffrey Manske (ECF No. 6) is ADOPTED. IT IS FURTHER ORDERED that Plaintiff's objections are OVERRULED. IT IS FURTHER ORDERED that Plaintiff's complaint be dismissed with prejudice. The Clerk of Court is instructed to CLOSE the case.
SIGNED this 15th day of October, 2025. ™~s, ot } ALAN D ALBRIGHT UNITED STATES DISTRICT JUDG
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