Strother v. Strause

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
REGINALD STROTHER §
VS. § CIVIL ACTION NO. 1:25-CV-212
ROBERT STRAUSE §
ORDER OVERRULING PLAINTIFF’S OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Reginald Strother, a federal prisoner, proceeding pro se, filed this civil rights action
pursuant to 42 U.S.C. § 1983 against Lieutenant Robert Strause.
The Court referred this matter to the Honorable Christine L. Stetson, United States Magistrate
Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this Court.
The magistrate judge recommended dismissing the action pursuant to sanctions previously imposed
in civil action number 1:16-CV-7. No objections were filed, and a final judgment was entered.
After the judgment was entered, Plaintiff filed objections and a Motion to Reinstate the
action for consideration of those objections. Plaintiff demonstrated that he did not receive a copy
of the magistrate judge’s Report and Recommendation in a timely manner, and that he gave his
objections to prison officials for mailing within fourteen days of receipt of the Report and
Recommendation. Accordingly, the Motion to Reinstate should be granted to the extent that Plaintiff
will receive de novo review.
The Court has received and considered the Report and Recommendation of United States
Magistrate Judge, along with the record and the pleadings. The Court has conducted a de novo
review of the objections in relation to the pleadings and the applicable law. See FED. R. CIV. P.
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72(b). After careful consideration of all the pleadings and the relevant case law, the Court concludes
the objections are without merit. This action will be dismissed in accordance with the sanctions
imposed in civil action number 1:16-CV-7.
ORDER
Accordingly, Plaintiff’s Motion to Reinstate [Dkt. 7] is GRANTED to the extent that
Plaintiff’s objections have received de novo review. Plaintiff’s objections [Dkt. 6] are
OVERRULED. The findings of fact and the conclusions of law of the magistrate judge are correct,
and the Report and Recommendation of the magistrate judge [Dkt. 3] is ADOPTED. A final
judgment will be entered in accordance with this Order.
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____________________________
Michael J. Truncale
United States District Judge
SIGNED this 16th day of March, 2026.
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