Richard v. Kelly

Filing 254

MEMORANDUM ORDER adopting 243 Report and Recommendation and denying 236 Motion for Default Judgment. Signed by District Judge Marcia A. Crone on 3/5/18. (tkd, )

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UNITED STATES DISTRICT COURT LARRY WAYNE RICHARD, Plaintiff, versus DONALD R. KELLY, et al., Defendants. EASTERN DISTRICT OF TEXAS § § § § § § § § § CIVIL ACTION NO. 1:12-CV-294 MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Plaintiff Larry Wayne Richard, an inmate confined at the Michael Unit, proceeding pro se, brought this lawsuit 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 that plaintiff’s motion for default judgment 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. No objections to the Report and Recommendation of United States Magistrate Judge were filed by the parties.1 ORDER Accordingly, 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 for default SIGNED at Beaumont, Texas, this 7th day of September, 2004. judgment is DENIED. SIGNED at Beaumont, Texas, this 5th day of March, 2018. ________________________________________ MARCIA A. CRONE UNITED STATES DISTRICT JUDGE 1 On March 1, 2018, plaintiff filed a response to the Report which was docketed as objections (docket entry no. 253). In the response, however, plaintiff apologized for assuming the defendant had been served. Further, plaintiff specifically stated he does not object to the Report.

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