Davis v. Hollier et al

Filing 40

ORDER overruling objections and adopting 34 Report and Recommendation by granting in part and denying in part 28 Motion for Summary Judgment. Signed by Judge Ron Clark on 9/12/12. (tkd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
FIDEL DAVIS

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VS.

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DANE HOLLIER, ET AL.

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CIVIL ACTION NO. 1:11-CV-103

ORDER OVERRULING OBJECTIONS AND
ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff, Fidel Davis, a prisoner confined at the Telford Unit with the Texas Department
of Criminal Justice, Correctional Institutions Division, proceeding pro se and in forma pauperis,
filed this civil rights action pursuant to 42 U.S.C. § 1983 against defendants Dane Hollier and
Timothy McCurley.
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 defendants’s motion for summary judgment should be
denied in part and granted in part.
The Court has received and considered the Report and Recommendation of United States
Magistrate Judge filed pursuant to such referral, along with the record, and pleadings. Plaintiff
filed objections to the Magistrate Judge’s Report and Recommendation. This requires a de novo
review of the objections in relation to the pleadings and applicable law. See FED . R. CIV . P.
72(b). After careful consideration, however, the Court finds the objections lacking in merit.
ORDER
Accordingly, plaintiff’s 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. So ORDERED and SIGNED this 12 day of September, 2012.

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Ron Clark, United States District Judge