King v. Marshell

Filing 7

MEMORANDUM ORDER adopting the magistrate judge's 3 Report and Recommendation. Signed by Judge Thad Heartfield on 6/4/2013. (bjc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
DEREK KING

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VS.

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MS. MARSHELL, CO V

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CIVIL ACTION NO. 1:13-CV-290

MEMORANDUM ORDER ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Plaintiff, Derek King, an inmate formerly confined at the Mark Stiles Unit with the Texas
Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, filed this
civil rights action pursuant to 42 U.S.C. § 1983 against defendant CO V Marshell.
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 this civil rights lawsuit be dismissed for failure to
state a claim.
The Court has received and considered the Report and Recommendation of United States
Magistrate Judge filed pursuant to such order, along with the record, and pleadings. 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. A final judgment will be entered

1

Plaintiff filed correspondence with the Court on May 15, 2013 which was docketed as a supplement to his
complaint. See docket entry no. 5. After a review of the correspondence, the Court also construes this as a supplement
to his complaint as plaintiff provided additional factual information regarding his attempt to exhaust his administrative
remedies and collect $100.00 from TDCJ-CID.

in this case in accordance with the Magistrate Judge’s recommendations.
SIGNED this the 4 day of June, 2013.

____________________________
Thad Heartfield
United States District Judge

2