McMillian v. Newman et al
ORDER adopting the magistrate judge's 49 Report and Recommendation. Defendant's motion for summary judgment is granted. Signed by Judge Ron Clark on 3/17/2015. (bjc, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
CIVIL ACTION NO. 1:13-CV-518
ORDER ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Plaintiff James McMillian, a prisoner previously confined at the Jasper County Jail,
proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983
against Marcus Barber.
The court ordered that this matter be referred 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 granting the defendant’s motion for summary
judgment and dismissing the case.
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.
Accordingly, the findings of fact and conclusions of law of the Magistrate Judge are correct,
and the report of the Magistrate Judge (document no. 49) is ADOPTED. Defendant’s motion for
summary judgment is GRANTED. A final judgment will be entered in this case in accordance with
the Magistrate Judge’s recommendation.
So ORDERED and SIGNED this 17 day of March, 2015.
Ron Clark, United States District Judge
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