Sheppard v. Livingston et al

Filing 55

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that the 28 Motion for Preliminary Injunction filed by Curtis Lee Sheppard should be denied. Signed by Judge Marcia A. Crone on 2/28/14. (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 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 this civil rights lawsuit. 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 preliminary injunction. The magistrate judge has
submitted a Report and Recommendation of United States Magistrate Judge recommending 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 Report and Recommendation.
The court has conducted a de novo review of the objections in relation to the pleadings and
applicable law. After careful consideration, the court is of the opinion the objections are without
merit.

ORDER
Accordingly, plaintiff’s 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

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ADOPTED. Plaintiff’s motion for a preliminary injunction is DENIED.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Beaumont, Texas, this 28th day of February, 2014.

________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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