Polk v. Hebret et al

Filing 78

MEMORANDUM ORDER overruling the objections and adopting 72 Report and Recommendation. Defendant's motions for summary judgment (document nos. 24 and 53) are granted with respect to the claims against them in their official capacities and the motions are, in all other respects, denied. Signed by Judge Thad Heartfield on 8/7/2013. (bjc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
BRUCE POLK

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VS.

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SHERRIE JOHN QUINN, ET AL.

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CIVIL ACTION NO.

1:11-CV-558

MEMORANDUM ORDER OVERRULING THE OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Bruce Polk, a former prisoner, proceeding pro se and in forma pauperis, filed this
civil rights action pursuant to 42 U.S.C. § 1983 against Sherrie John-Quinn and Lakeshia Hebert.
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 granting defendants’ motions for summary judgment
with respect to the claims against them in their official capacities and denying the motions on the
remaining grounds.
The Court has received and considered the Report and Recommendation of United States
Magistrate Judge, along with the record and the pleadings. Plaintiff 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 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.
Defendants’ motions for summary judgment (document nos. 24 and 53) are GRANTED with respect
to the claims against them in their official capacities and the motions are, in all other respects,
DENIED.
SIGNED this the 7 day of August, 2013.

____________________________
Thad Heartfield
United States District Judge

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