Caldwell v. Herrington

Filing 27

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that Defendant's motion for summary judgment is granted with respect to plaintiff's claim of a false disciplinary charge. In all other respects, the motion for summary judgment is denied. Signed by Judge Marcia A. Crone on 3/28/12. (mrp, )

UNITED STATES DISTRICT COURT

REAGAN JAMES CALDWELL,
Plaintiff,
versus
KYLE HERRINGTON,
Defendant.

EASTERN DISTRICT OF TEXAS

§
§
§
§
§
§
§
§
§

CIVIL ACTION NO. 1:10-CV-235

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING THE
MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Reagan James Caldwell, a prisoner confined at the Stiles Unit of the Texas
Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, filed this
civil rights action pursuant to 42 U.S.C. § 1983 against Kyle Herrington.
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 recommends granting defendant’s motion for summary
judgment with respect to plaintiff’s claim of a false disciplinary charge and denying the motion
with respect to the remaining issues.
The court has received and considered the Report and Recommendation of United States
Magistrate Judge, along with the record, pleadings, and all available evidence. The parties filed
objections to the magistrate judge’s Report and Recommendation.
The court has conducted a de novo review of the objections in relation to the pleadings and
the applicable law. See FED. R. CIV. P. 72(b). After careful consideration, the court concludes
the objections are without merit.

ORDER
Accordingly, the parties’ objections 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. Defendant’s motion for summary judgment is GRANTED with respect to plaintiff’s
claim of a false disciplinary charge. In all other respects, the motion for summary judgment is
.
DENIED.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Beaumont, Texas, this 28th day of March, 2012.

________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

2