Sheppard v. Livingston et al

Filing 39

MEMORANDUM ORDER overruling objections and adopting the magistrate judge's 32 Report and Recommendation. Plaintiff's motions seeking a default judgment are denied. Signed by Judge Marcia A. Crone on 1/9/2014. (bjc)

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 OVERRULING OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Curtis Lee Sheppard, an inmate confined at the Michael Unit of the Texas
Department of Criminal Justice, Correctional Institutions Division, 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.
Plaintiff has filed two motions seeking a default judgment. The magistrate judge has
submitted a Report and Recommendation of United States Magistrate Judge concerning the
motions. The magistrate judge recommends the motions 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. The defendants were not in default at the time plaintiff filed his motions.

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 motions seeking a default judgment are DENIED.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Beaumont, Texas, this 9th day of January, 2014.

________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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