Adams et al v. Payne et al

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS
JOE DANIEL ADAMS, §
§
Plaintiff, §
§
versus § CIVIL ACTION NO. 9:23-CV-225
§
JAMES PAYNE, et al., §
§
Defendants. §
ORDER OVERRULING PLAINTIFF’S OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Joe Daniel Adams, a prisoner confined at the Shelby County Jail, proceeding pro
se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 against James
Payne, Karren Price, LeAnn Rafferty, Allison Harbuson, John Price, Kevin Windham, Ruth
Gonzales, Holly Hammons, and Dexter Jones.
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 has submitted a Report and Recommendation of United States
Magistrate Judge. The magistrate judge recommended dismissing the claims against James Payne,
Karren Price, LeAnn Rafferty, Allison Harbuson, John Price, Holly Hammons, and Dexter Jones
pursuant to 28 U.S.C. § 1915(e).
The court has received and considered the Report and Recommendation of United States
Magistrate Judge, along with the record, pleadings, and all available evidence. Plaintiff filed
objections to the magistrate judge’s Report and Recommendation. Plaintiff stated that he does not
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object to the dismissal of Defendants John Price, Allison Harbuson, or Dexter Jones, but he
objects to the dismissal of the other defendants.
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. 72(b). After careful consideration, the court concludes
the objections are without merit.
ORDER
Accordingly, Plaintiff’s objections (#68) are OVERRULED. The findings of fact and
conclusions of law of the magistrate judge are correct, and the Report and Recommendation of the
magistrate judge (#67) is ADOPTED. Defendants James Payne, Karren Price, LeAnn Rafferty,
Allison Harbuson, John Price, Holly Hammons, and Dexter Jones are DISMISSED from this
action.
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________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE
SIGNED at Beaumont, Texas, this 11th day of March, 2026.
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