Crissup v. Davis et al

Filing 80

MEMORANDUM ORDER OVERRULING PLAINTIFF'S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that defendants' motion for summary judgment be granted and plaintiff's complaint be dismissed with prejudice. Signed by Judge Marcia A. Crone on 9/22/10. (mrp, )

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Crissup v. Davis et al Doc. 80 UNITED STATES DISTRICT COURT KENNETH CRISSUP, Plaintiff, versus JONATHAN DAVIS, et al., Defendants. EASTERN DISTRICT OF TEXAS CIVIL ACTION NO. 1:06-CV-151 MEMORANDUM ORDER OVERRULING PLAINTIFF'S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Plaintiff Kenneth Crissup, an inmate confined at the Ellis Unit of the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, brought this lawsuit against Jonathan Davis, Yusuf Hakeem, Nathaniel Quarterman, Timothy Lester, and the Texas Department of Criminal Justice. The court referred this matter to the Honorable Keith F. Giblin, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The Magistrate Judge recommends the defendants' motion for summary judgment be granted and plaintiff's complaint be dismissed with prejudice. The court has received and considered the Report and Recommendation of United States Magistrate Judge filed pursuant to such referral, along with the record, pleadings and all available evidence. Plaintiff filed objections to the magistrate judge's Report and Recommendation. This requires 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 Plaintiff's objections are without merit. Plaintiff has failed to produce evidence precluding summary judgment. Plaintiff's live pleadings are not sworn affidavits nor are they made under the penalty of perjury. Unsworn affidavits not made "under the penalty of perjury" are not competent summary judgment evidence. Nissho-Iwai Dockets.Justia.com American Corp. v. Kline, 845 F.2d 1300, 1306 (5th Cir. 1988). Accordingly, the defendants' motion for summary judgment should be granted. ORDER Accordingly, Plaintiff's objections are OVERRULED. The findings of fact and conclusions of law of the magistrate judge are correct, and the report of the magistrate judge is ADOPTED. It is therefore ORDERED that the defendants' motion for summary judgment is GRANTED. A final . judgment shall be entered in accordance with this memorandum. SIGNED at Beaumont, Texas, this 7th day of September, 2004. SIGNED at Beaumont, Texas, this 22nd day of September, 2010. ________________________________________ MARCIA A. CRONE UNITED STATES DISTRICT JUDGE 2

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