Carrillo v. Roegler

Filing 54

ORDER overruling objections and adopting 42 Report and Recommendation. Pltf's 38 Motion for Default Judgment is denied. Signed by Judge Ron Clark on 9/27/16. (tkd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
TIMOTHY CARRILLO

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VS.

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MICHAEL ROSELER, ET AL.

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CIVIL ACTION NO. 1:14cv99

ORDER OVERRULING OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Timothy Carrilllo, a prisoner confined within the Texas Department of Criminal
Justice, Correctional Institutions Division, proceeding pro se, filed the above-styled civil rights
lawsuit against several defendants. The court previously referred this matter to the Honorable Zack
Hawthorn, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to 28
U.S.C. § 636 and applicable orders of this court.
Plaintiff has filed a motion seeking a default judgment (doc. no. 38). The Magistrate Judge
has submitted a Report and Recommendation of United States Magistrate Judge concerning this
motion. The Magistrate Judge recommends the motion be denied.
The court has received and considered the Report and Recommendation of United States
Magistrate Judge, along with the record and pleadings. Plaintiff filed objections to the Report
and Recommendation.
The court has conducted a de novo review of the objections. After careful consideration, the
court is of the opinion the objections are without merit. The court has entered an order directing
plaintiff to provide the court with additional information concerning his claims. Plaintiff sought and
has been granted an extension of time to comply with the order. When plaintiff files a response to
the order, the defendants will be ordered to respond to plaintiff’s claims. However, at the time
plaintiff filed his motion, the defendants had not been ordered to respond to this lawsuit. As a result,
they could not have been in default.

ORDER
Accordingly, the objections filed by plaintiff to the Report and Recommendation 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 as the opinion of the court. Plaintiff’s motion for
a default judgment is DENIED.
So ORDERED and SIGNED this 27 day of September, 2016.

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Ron Clark, United States District Judge