Sanchez v. Goings et al

Filing 21

MEMORANDUM ORDER adopting the magistrate judge's 19 report and recommendation. Defendants' 12 Motion to Dismiss for failure to state a claim upon which relief may be granted is denied. Signed by Judge Thad Heartfield on 9/15/2010. (bjc, )

Sanchez v. Goings et al

Doc. 21

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION ELIAS SANCHEZ VS. REGINALD GOINGS, ET AL. § § § CIVIL ACTION NO. 1:09-CV-518

MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Plaintiff Elias Sanchez, a prisoner previously confined at the Larry Gist State Jail, proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 against Reginald Goings, Brian Rodeen, and Brad Livingston. 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. The magistrate judge has submitted a Report and Recommendation of United States Magistrate Judge. The magistrate judge recommends denying defendants' motion to dismiss the complaint for failure to state a claim upon which relief may be granted. The court has received and considered the Report and Recommendation of United States Magistrate Judge filed pursuant to such order, along with the record and the pleadings. No objections to the Report and Recommendation of United States Magistrate Judge were filed by the parties.

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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. Defendants' motion to dismiss for failure to state a claim upon which relief may be granted is DENIED. SIGNED this the 15 day of September, 2010.

____________________________ Thad Heartfield United States District Judge