Sheppard v. Livingston et al

Filing 152

MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that the 83 Motion to Dismiss be granted. Plaintiff's claim under the First Amendment is dismissed. Signed by Judge Marcia A. Crone on 3/13/15. (mrp, )

UNITED STATES DISTRICT COURT
CURTIS LEE SHEPPARD,
Plaintiff,
versus
BRAD LIVINGSTON, et al.,
Defendants.

EASTERN DISTRICT OF TEXAS
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CIVIL ACTION NO. 1:12-CV-169

MEMORANDUM ORDER ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Curtis Lee Sheppard, proceeding pro se, filed this civil rights lawsuit. The court
previously referred this matter to the Honorable Zack Hawthorn, United States Magistrate Judge,
for consideration pursuant to applicable laws and orders of this court.
The defendants filed a motion asking that plaintiff’s claim under the First Amendment be
dismissed pursuant to Federal Rule of Civil Procedure 12(b)(6) (#83). The magistrate judge has
submitted a Report and Recommendation of United States Magistrate Judge concerning the motion.
The magistrate judge recommends the motion be granted.
The court has received the Report and Recommendation, along with the record, pleadings,
and all available evidence. No objections were filed to the Report and Recommendation.
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. The motion to dismiss is

.
GRANTED. Plaintiff’s claim under the First Amendment is DISMISSED.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Beaumont, Texas, this 13th day of March, 2015.

________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE