Opinion
CIVIL ACTION NO. 6:17-CV-632
10-12-2019
WILLIAM BOYD PIERCE, #1208957 Plaintiff, v. BRYAN COLLIER, ET AL., Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
The above entitled and numbered civil action was referred to United States Magistrate Judge John D. Love pursuant to 28 U.S.C. § 636. On September 26, 2019, Judge Love issued a Report and Recommendation (Dkt. #38) recommending that Plaintiff's suit should be dismissed with prejudice. Specifically, Judge Love recommended that Plaintiff's claims be dismissed with prejudice for failure to state a claim for which relief can be granted. On October 9, 2019, Plaintiff filed objections to the Report and Recommendation. (Dkt. #40). The Court reviews de novo the portions of the Magistrate Judge's findings to which objections have been raised. 28 U.S.C. § 636 (b)(1).
As an initial matter, Plaintiff does not object to any specific finding of the Magistrate Judge. (Dkt. ##38, 40). Plaintiff does not identify any portion of Judge Love's Report to which he specifically objects. Plaintiff merely provides a factual recitation of his allegations and a general argument that his claims should not be dismissed. Frivolous, conclusory, or general objections need not be considered by the district court. See Nettles v. Wainwright, 677 F.2d 404, 410 n.8 (5th Cir. 1982) (en banc), overruled on other grounds by Douglass v. United Servs. Auto. Ass'n, 79 F.3d 1415 (5th Cir. 1996) (en banc); see also Valez-Pedro v. Thermo King De Puerto Rico, Inc., 465 F.3d 31, 32 (1st Cir. 2006) (explaining that an objecting party must put forth more than "[c]onclusory allegations that do not direct the reviewing court to the issues in controversy.").
The court has conducted a careful de novo review of the record and the Magistrate Judge's proposed findings and recommendations. 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 that Report of the United States Magistrate Judge is correct and Plaintiff's objections are without merit. Because Plaintiff has not pleaded facts that state a cognizable federal claim, the court agrees with the Magistrate Judge that the complaint should be dismissed.
Therefore, the court hereby adopts the findings and conclusions of the Magistrate Judge as the findings and conclusions of the court. It is accordingly
ORDERED that Plaintiff's complaint is hereby DISMISSED WITH PREJUDICE. All motions not previously ruled on are DENIED.
So Ordered and Signed
Oct 12, 2019
/s/_________
Ron Clark, Senior District Judge