Flores v. US Department of Justice

• Court: District Court, E.D. Texas
• Decided: October 26, 2020
• Docket: 5:20-cv-00083
• Status: Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION

ERIC FLORES, § §

§ CIVIL ACTION NO. 5:20-CV-00083-RWS Plaintiff, §

§ v. §

§ US DEPARTMENT OF JUSTICE, et al., § § Defendants. §

ORDER Plaintiff Eric Flores, an inmate of the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, filed this civil action complaining of alleged deprivations of his rights. This Court referred the case to the United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1) and (3) and the Amended Order for the Adoption of Local Rules for the Assignment of Duties to United States Magistrate Judges. In his complaint, Flores alleged that several “corrupt officials” are using advanced technology linked to a satellite in outer space to calculate genetic codes so as to disrupt a person’s personality and senses, taking control of that person’s mind and causing the person to shoot and kill people. The Magistrate Judge issued a Report recommending that the lawsuit be dismissed as factually frivolous. Flores filed objections stating that he is seeking relief from imminent danger, such as a terrorist attack which can result in the death of the public at large. He asserts that an attack is likely if this Court does not intervene in the interest of public health and safety. Flores’s objections confirm the correctness of the Magistrate Judge’s conclusion that the lawsuit is factually frivolous. See Ancar v. Sara Plasma Inc., 964 F.2d 465, 468 (Sth Cir. 1992) (stating that a finding of factual frivolousness is appropriate where the facts alleged “rise to the level of the irrational or wholly incredible.) The Court has conducted a careful de novo review of those portions of the Magistrate Judge’s proposed findings and recommendations to which the Plaintiff objected. See 28 U.S.C. §636(b)(1) (District Judge shall “make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made”). Upon such de novo review, the Court has determined the Report of the Magistrate Judge is correct and the Plaintiffs objections are without merit. It is accordingly ORDERED that the Plaintiffs objections are overruled and the Report of the Magistrate Judge (Docket No. 9) is ADOPTED as the opinion of the District Court. It is further ORDERED that the above-styled civil action is DISMISSED WITH PREJUDICE for purposes of proceeding in forma pauperis as frivolous. It is further ORDERED that all other claims for relief are DENIED-AS-MOOT.

So ORDERED and SIGNED this 26th day of October, 2020.

foehert LU Gbrinects. G2, ROBERT W. SCHROEDER III UNITED STATES DISTRICT JUDGE

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