Shelton v. Leon et al

Filing 43

MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that the defendants' motion for summary judgment be granted and the complaint be dismissed. Signed by Judge Marcia A. Crone on 9/28/08. (mrp, )

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TEXAS

MONTY SHELTON, Plaintiff, versus UNIT COUNSELOR LEON, et al., Defendants.

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CIVIL ACTION NO. 1:06-CV-344

MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Plaintiff Monty Shelton, an inmate confined at the Federal Correctional Complex, proceeding pro se, brought this Bivens-type action.1 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 the complaint be dismissed. 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. No objections to the Report and Recommendation of United States Magistrate Judge were filed by the parties.

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See Bivens v. Six Unknow n N a m e d Agents of the Federal Bureau of Narcotics, 403 U . S . 388 (1971).

ORDER Accordingly, 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 judgmen.t will be entered in this case in accordance with the Magistrate Judge's recommendation. SIGNED at Beaumont, Texas, this 7th day of September, 2004.

SIGNED at Beaumont, Texas, this 28th day of September, 2008.

________________________________________ MARCIA A. CRONE UNITED STATES DISTRICT JUDGE

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