Hernandez v. State of Texas, TDCJ-CID et al

Filing 116

MEMORANDUMORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION the the motion for summary judgment be granted. A partial judgment will be entered in this case in accordance with the Magistrate Judge's recommendation. Signed by Judge Marcia A. Crone on 3/19/14. (mrp, )

UNITED STATES DISTRICT COURT

FLORENCIO HERNANDEZ,
Plaintiff,
versus
STATE OF TEXAS, et al.,
Defendants.

EASTERN DISTRICT OF TEXAS

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CIVIL ACTION NO. 1:09-CV-55

MEMORANDUM ORDER ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Plaintiff, Florencio Hernandez, an inmate formerly confined at the Mark Stiles Unit with
the Texas Department of Criminal Justice, Correctional Institutions Division, filed this civil rights
complaint pursuant to 42 U.S.C. § 1983 against defendants Alton Alexander, Warden Joe Smith,
Captain Felix Gordon and Sergeant Milton Gilmore.
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.
Defendants Smith, Gordon and Gilmore filed a motion for summary judgment asserting the
affirmative defense of qualified immunity. The Magistrate Judge recommends the motion for
summary judgment be granted.
The court has received and considered the Report and Recommendation of United States
Magistrate Judge filed pursuant to such referral, along with the record, and pleadings. No
objections to the Report and Recommendation of United States Magistrate Judge were filed by the
parties.

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. A partial judgment will be entered

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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 19th day of March, 2014.

________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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