Richard v. Kelly

Filing 105

MEMORANDUM ORDER OVERRULING PLAINTIFF'S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that the 77 Motion for Entry of Default filed by Larry Wayne Richard should be denied. Signed by Judge Marcia A. Crone on 3/11/14. (mrp, )

UNITED STATES DISTRICT COURT
LARRY WAYNE RICHARD,
Plaintiff,
versus
DONALD R. KELLY, et al.,
Defendants.

EASTERN DISTRICT OF TEXAS
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CIVIL ACTION NO. 1:12-CV-294

MEMORANDUM ORDER OVERRULING PLAINTIFF’S OBJECTIONS AND
ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Larry Wayne Richard, an inmate confined at the Estelle Unit, proceeding pro se,
brought this lawsuit against prison officials pursuant to 42 U.S.C. § 1983.
The court 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.
The Magistrate Judge recommends plaintiff’s motion for default judgment against the defendants
(#77) be denied.
The court has received and considered the Report and Recommendation of United States
Magistrate Judge filed pursuant to such referral, along with the record, pleadings and all available
evidence. Plaintiff filed objections to the magistrate judge’s Report and Recommendation. This
requires a de novo review of the objections in relation to the pleadings and the applicable law. See
FED. R. CIV. P. 72(b).
After careful consideration, the court concludes plaintiff’s objections are without merit and
should be overruled. As set forth in the report, defendant Dennis has answered plaintiff’s
complaint, and proper service has not been obtained against the remaining defendants. Thus,
default judgment is not proper in this case.

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
ADOPTED. It is

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ORDERED that plaintiff’s motion for default judgment is DENIED.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Beaumont, Texas, this 11th day of March, 2014.

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MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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