Thornton v. Pittman

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

SHEDRICK THORTON, ) ID # 220003389, ) ) Plaintiff, ) ) ) ) DR. MICHAEL PITTMAN, ET AL., ) ) Defendants. ) Civil Action No. 3:22-CV-605-C-BT

ORDER Before the Court are the Findings, Conclusions, and Recommendation of the United States Magistrate Judge therein advising the Court that Plaintiffs claims should be DISMISSED under 28 U.S.C. §§ 1915A and 1915(e)(2)(B). Plaintiff filed his objections on January 11, 2023. Said objections are OVERRULED. The Court conducts a de novo review of those portions of the Magistrate Judge’s report or specified proposed findings or recommendations to which a timely objection is made. 28 U.S.C. § 636(b)(1)(C). Portions of the report or proposed findings or recommendations that are not the subject of a timely objection will be accepted by the Court unless they are clearly erroneous or contrary to law. See United States v. Wilson, 864 F.2d 1219, 1221 (Sth Cir. 1989). The Court has conducted an independent review of the Magistrate Judge’s findings and conclusions and finds no error. It is therefore ORDERED that the Findings, Conclusions, and Recommendation are hereby ADOPTED as the findings and conclusions of the Court. For the reasons stated therein, Plaintiff's civil claims in the above-styled and -numbered civil action are

DISMISSED under 28 U.S.C. §§ 1915A and 1915(e)(2)(B). Additionally, the Court SEVERS Plaintiff's habeas claims under § 2241 from the above- styled and -numbered civil action and directs the Clerk of Court to open a new habeas case (nature of suit 530) for the now-severed claims and file a copy of this Order in that case. Further, ECF Numbers 3, 4, 10, 23, 30, and 36 in the above-styled and -numbered civil action should also be docketed in that new case, and the new case should be assigned to the same Senior District Judge and Magistrate Judge as this case. Finally, all future pleadings related to the severed habeas matter should be filed in the new case. SO ORDERED. Dated this AT day of January, 2023. ff.

AM/R. C {My GS 7 MTOR ED STATES DISTRICT JUDGE