Polk v. Hebret et al

Filing 68

MEMORANDUM ORDER OVERRULING OBJECTIONS & ADOPTING REPORT AND RECOMMENDATIONS. Plaintiff's 15 and 37 Motions for Default Judgment are denied. Signed by Judge Thad Heartfield on 3/6/13. (pkb, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION BRUCE POLK § VS. § LAKISHA HEBERT, ET AL. § CIVIL ACTION NO. 1:11-CV-558 MEMORANDUM ORDER OVERRULING PLAINTIFF’S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE’S REPORTS AND RECOMMENDATIONS Plaintiff Bruce Polk, a prisoner confined at the Stiles Unit of 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 Lakisha Hebert and Sherrie John-Quinn. The Court ordered that this matter be referred to the Honorable Zack Hawthorn, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this Court. The magistrate judge recommends denying plaintiff’s motions for default judgment. The Court has received and considered the Reports and Recommendations of United States Magistrate Judge, along with the record and the pleadings. Plaintiff filed objections to the magistrate judge’s Reports and Recommendations. 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, plaintiff’s objections are OVERRULED. The findings of fact and conclusions of law of the magistrate Judge are correct, and the reports of the magistrate judge are ADOPTED. Plaintiff’s motions for default judgment (document nos. 15 and 37) are DENIED. SIGNED this the 6 day of March, 2013. ____________________________ Thad Heartfield United States District Judge 2

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