Tipton v. Director, TDCJ-CID

Filing 27

ORDER adopting the magistrate judge's 24 Report and Recommendation. Signed by Judge Thad Heartfield on 12/5/2016. (bjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
CHARLTON REED TIPTON

§

VS.

§

BRAD LIVINGSTON, DIRECTOR,
TDCJ-CID, et al.,

§

CIVIL ACTION NO. 1:14-CV-370

ORDER ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Plaintiff, Charlton Reed Tipton, an inmate confined at the Mark Stiles Unit with the Texas
Department of Criminal Justice, Correctional Institutions Division, proceeding pro se and in forma
pauperis, filed a civil rights action pursuant to 42 U.S.C. § 1983 against defendants Brad Livingston,
Director TDCJ-CID, Warden Christopher Carter, Assistant Warden Virgil McMullen, Assistant
Warden Charles Siringi, FNU Apperson, Felicia Davis, ad FNU Breaux.
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 plaintiff’s claims against defendants Carter and McMullen in
their official capacities should be dismissed for failure to state a claim and as frivolous and plaintiff’s
claims against defendants Livingston, Siringi, Davis, Apperson, and Breaux should be dismissed in
their entirety for failure to state a claim.1
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. Plaintiff filed
objections to the Magistrate Judge’s Report and Recommendation. This requires a de novo review
of the objections in relation to the pleadings and applicable law. See FED. R. CIV. P. 72(b).

1

The Magistrate Judge recommends plaintiff’s claims against Carter and McMullen in their individual
capacities shall proceed.

After careful consideration, the Court finds the objections lacking in merit.2
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 partial judgment will be entered
in this case in accordance with the Magistrate Judge’s recommendations.

SIGNED this the 5 day of December, 2016.

____________________________
Thad Heartfield
United States District Judge

2

Plaintiff did not argue any substantive objections and merely asserted his original claims.

2