Hernandez v. State of Texas, TDCJ-CID et al
MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that defendants' Rule 4(m) motion to dismiss be granted as to the following defendants: the State of Texas, TDCJ-CID, Mark Bowers, Ms. Griffin, Ms. Jones, Sergeant Smith and Sergeant Holliday. Signed by Judge Marcia A. Crone on 4/25/12. (mrp, )
UNITED STATES DISTRICT COURT
STATE OF TEXAS, ET AL.,
EASTERN DISTRICT OF TEXAS
CIVIL ACTION NO. 1:09-CV-55
MEMORANDUM ORDER ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Plaintiff, Florencio Hernandez, an inmate currently confined at the Hughes Unit in
Gatesville, Texas, filed this civil rights action pursuant to 42 U.S.C. § 1983 against defendants
Alton Alexander, Captain Felix Gordon, Warden Joe M. Smith, Sergeant Milton Gilmore, the
State of Texas, TDCJ-CID, Mark Bowers, Ms. Griffin, Ms. Jones, Sergeant Smith, and
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 defendants’ Rule 4(m) motion to
dismiss be granted as to the following defendants: the State of Texas, TDCJ-CID, Mark
Bowers, Ms. Griffin, Ms. Jones, Sergeant Smith, and Sergeant Holliday.
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. Plaintiff has failed to show good cause for failing to serve these defendants.
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 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 25th day of April, 2012.
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE
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