Crissup v. Smith et al

Filing 63

MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that the 23 Motion for Default Judgment be denied. Signed by Judge Marcia A. Crone on 8/28/13. (mrp, )

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UNITED STATES DISTRICT COURT KENNETH CRISSUP, Plaintiff, versus JOHN SMITH, et al., Defendants. EASTERN DISTRICT OF TEXAS § § § § § § § § § CIVIL ACTION NO. 1:09-CV-385 MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Plaintiff Kenneth Crissup, proceeding pro se, filed this civil rights lawsuit. 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 asking that a default judgment be entered against defendants Surapaneni and Weaver and that any further answers filed by these defendants be stricken (#23). 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. No objections were filed 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 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

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