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

Filing 24

MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that plaintiff's motion for a preliminary injunction is denied. Signed by Judge Marcia A. Crone on 3/4/10. (mrp, )

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TEXAS

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

§ § § § § § § § §

CIVIL ACTION NO. 1:09-CV-55

MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Plaintiff Florencio Hernandez, a prisoner confined at the Estelle Unit of the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, brought this civil rights action pursuant to 42 U.S.C. § 1983. The court ordered that this matter be referred to the Honorable Keith F. Giblin, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. preliminary injunction. The court has received and considered the Report and Recommendation of United States Magistrate Judge filed pursuant to such order, 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. The magistrate judge recommends denying plaintiff's motion for a

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. Plaintiff's motion for a preliminary injunction. is DENIED. SIGNED at Beaumont, Texas, this 7th day of September, 2004.

SIGNED at Beaumont, Texas, this 4th day of March, 2010.

________________________________________ MARCIA A. CRONE UNITED STATES DISTRICT JUDGE

2