Sheppard v. Livingston et al
MEMORANDUM ORDER overruling objections and adopting the magistrate judge's 220 Report and Recommendation. The motion to dismiss is granted and plaintiff's claims relating to growing a beard is dismissed without prejudice as moot. Signed by Judge Marcia A. Crone on 9/12/2017. (bjc, )
UNITED STATES DISTRICT COURT
CURTIS LEE SHEPPARD,
EASTERN DISTRICT OF TEXAS
CIVIL ACTION NO. 1:12-CV-169
MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Curtis Lee Sheppard, proceeding pro se, filed this civil rights lawsuit pursuant to
42 U.S.C. § 1983. The court previously referred this matter to the Honorable Zack Hawthorn,
United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws
and orders of this court.
Defendant Collier has filed a motion to dismiss asking that plaintiff’s claim relating to
growing a beard be dismissed as moot. The magistrate judge has submitted a Report and
Recommendation of United States Magistrate Judge concerning the motion. The magistrate judge
recommends the motion to dismiss be granted.
The court has received the Report and Recommendation, along with the record, pleadings,
and all available evidence. Plaintiff filed objections to the magistrate judge’s Report and
The court has conducted a de novo review of the objections in relation to the pleadings and
the applicable law. After careful consideration, the court is of the opinion plaintiff’s objections
are without merit. The magistrate judge correctly concluded that as the prison regulation
regarding beards that plaintiff challenged is no longer in effect, the challenge to the regulation is
Accordingly, the objections filed by plaintiff 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. The motion to dismiss is GRANTED and plaintiff’s claim relating to growing a
beard is DISMISSED without prejudice as moot.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Plano, Texas, this 12th day of September, 2017.
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE
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