Crissup v. Smith et al
MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that the # 30 Motion seeking a Default Judgment against defendants Lester and Smith be denied. Signed by Judge Marcia A. Crone on 8/28/13. (mrp, )
UNITED STATES DISTRICT COURT
JOHN SMITH, et al.,
EASTERN DISTRICT OF TEXAS
CIVIL ACTION NO. 1:09-CV-385
MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Kenneth Crissup, an inmate confined within the Texas Department of Criminal
Justice, Correctional Institutions Division, proceeding pro se, filed this civil rights lawsuit
pursuant to 42 U.S.C. § 1983 against Timothy Lester, Prasad Surapaneni, Virgil Weaver and
Joseph Smith. The court previously 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.
Plaintiff has filed a motion seeking a default judgment against defendants Lester and Smith
(#30). The magistrate judge has submitted a Report and Recommendation of United States
Magistrate Judge concerning the motion. The magistrate judge recommends the motion be denied.
The court has received the Report and Recommendation, along with the record, pleadings,
and all available evidence. Plaintiff filed objections to the magistrate judge’s Report and
The court has conducted a de novo review of the objections in relation to the pleadings and
the applicable law. After careful consideration, the court is of the opinion plaintiff’s objections
are without merit.
Accordingly, the objections filed by plaintiff 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. Plaintiff’s motion seeking a default judgment is DENIED.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Beaumont, Texas, this 28th day of August, 2013.
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?