Evans v. Thaler et al, No. 2:2009cv00267 - Document 9 (N.D. Tex. 2009)
Court Description: MEMORANDUM OPINION AND ORDER OF DISMISSAL -- This Court, therefore, does OVERRULE 7 Objection to Report and Recommendation, 8 Objection to Report and Recommendation, and does hereby ADOPT 6 Report and Recommendation. It is therefore ordered that 1 Complaint is DISMISSED with prejudice as frivolous and without prejudice for failure to state a claim on which relief can be granted. (Ordered by Judge Mary Lou Robinson on 12/9/2009) (awc)
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FILED DECEMBER 9, 2009 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS AMARILLO DIVISION __________________________________________ JAMES NATHANIEL EVANS, PRO SE, also known as JAMES N. EVANS, TDCJ-CID No. 652108, Plaintiff, v. RICK THALER, BRITTANY D. DREES, GLEN A. NAURET, and THERESA L. HENDRICKS, Defendants. § § § § § § § § § § § § § § § KAREN S. MITCHELL CLERK, U.S. DISTRICT COURT 2:09-CV-0267 MEMORANDUM OPINION AND ORDER OF DISMISSAL Plaintiff JAMES NATHANIEL EVANS, while a prisoner confined in the Texas Department of Criminal Justice, Correctional Institutions Division, filed suit pursuant to Title 42, United States Code, section 1983 complaining against the above-referenced defendants and has been granted leave to proceed in forma pauperis. On November 12, 2009, a Report and Recommendation was issued by the United States Magistrate Judge analyzing plaintiff s claims and recommending dismissal with prejudice as frivolous and without prejudice for failure to state a claim on which relief can be granted. Plaintiff filed his Objections on November 24, 2009. The Court emphasizes plaintiff lost no goodtime and suffered only a reduction in classification and 45 days of commissary and cell restrictions. In the wake of Sandin v. Conner, 515 U.S. 472, 115 S.Ct. 2293, 132 L.Ed.2d 418 (1995), he has no federally protected Due Process rights in connection with his disciplinary hearing. Plaintiff s claims in this respect lack an arguable basis in law and are frivolous. Neitzke v. Williams, 490 U.S. 319, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989). The Court has made an independent examination of the records in this case and has examined the Magistrate Judge's Report and Recommendation, as well as the Objections filed by the plaintiff. The Court is of the opinion that the objections of the plaintiff should be OVERRULED and the Report and Recommendation of the United States Magistrate Judge should be ADOPTED by the United States District Court, as supplemented herein. This Court, therefore, does OVERRULE plaintiff s objections, and does hereby ADOPT the Report and Recommendation of the United States Magistrate Judge, as supplemented herein. IT IS THEREFORE ORDERED that this Civil Rights Complaint is DISMISSED WITH PREJUDICE AS FRIVOLOUS and WITHOUT PREJUDICE FOR FAILURE TO STATE A CLAIM ON WHICH RELIEF CAN BE GRANTED. LET JUDGMENT BE ENTERED ACCORDINGLY. All pending motions are DENIED. IT IS SO ORDERED. ENTERED this 9th day of December, 2009. /s/ Mary Lou Robinson MARY LOU ROBINSON UNITED STATES DISTRICT JUDGE 2
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