Sheppard v. Livingston et al

Filing 231

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION. Plaintiff's 213 Motion for Default Judgment is denied. Signed by District Judge Ron Clark on 3/23/18. (mrp, )

UNITED STATES DISTRICT COURT
CURTIS LEE SHEPPARD,
Plaintiff,
versus
BRAD LIVINGSTON,
Defendant.

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

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Curtis Lee Sheppard, an inmate confined within the Texas Department of Criminal
Justice, Correctional Institutions Division, proceeding pro se, filed the above-styled lawsuit against
Brad Livingston. 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.
Plaintiff has filed a motion seeking a default judgment (#213). The magistrate judge has
submitted a Report and Recommendation of United States Magistrate Judge concerning the motion.
The magistrate judge recommends the motion be denied.
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
Recommendation.
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. As explained by the magistrate judge, the defendant timely responded to the
court order cited by plaintiff. The defendant was therefore not in default.

ORDER
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. Plaintiff’s motion seeking a default judgment is DENIED.
So ORDERED and SIGNED this 23 day of March, 2018.

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Ron Clark, United States District Judge

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