Fulton v. Upton
Filing
27
MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that defendant's motion to dismiss and motion for summary judgment be granted. Signed by Judge Thad Heartfield on 9/11/12. (mrp, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
CHARLES FULTON
§
VS.
§
JODY R. UPTON, WARDEN
§
CIVIL ACTION NO. 1:11-CV-32
MEMORANDUM ORDER ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Plaintiff, Charles Fulton, a former federal inmate confined at FCC Beaumont, proceeding
pro se and in forma pauperis, filed this Bivens-type1 action against defendant Jody R. Upton.
The Court referred this matter to the Honorable Keith Giblin, United States Magistrate
Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this
Court. The Magistrate Judge recommends defendant’s motion to dismiss and motion for
summary judgment 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 pleadings. No
objections to the Report and Recommendation of United States Magistrate Judge were filed by
the parties.
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. A final judgment will be entered
in this case in accordance with the Magistrate Judge’s recommendations.
SIGNED this the 11 day of September, 2012.
1
____________________________
Thad Heartfield
United States District Judge
Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971).
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