McMillian v. Newman et al

Filing 52

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, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION JAMES MCMILLIAN § VS. § MARCUS BARBER § 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. ORDER 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 2

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