Tipton v. Director, TDCJ-CID

Filing 66

ORDER adopting the magistrate judge's 57 Report and Recommendation.. Signed by Judge Thad Heartfield on 7/17/2017. (bjc, )

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

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VS.

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

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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 Warden
Christopher Carter and Assistant Warden Virgil McMullen.1
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 defendants’ motion for summary judgment for failure to exhaust
administrative remedies as to defendant Carter and plaintiff’s claim of retaliatory administrative
segregation be granted.
The court has received and considered the Report and Recommendation of United States
Magistrate Judge filed pursuant to such referral, along with the record, and pleadings. No objections
to the Report and Recommendation of United States Magistrate Judge have been filed to date.

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Plaintiff’s claims against defendants Livingston, Siringi, Apperson, Davis and Breaux were dismissed for
failure to state a claim and as frivolous (docket entry nos. 27 & 28).

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. Plaintiff’s claims against defendant
McMullen shall proceed.
SIGNED this the 17 day of July, 2017.

____________________________
Thad Heartfield
United States District Judge

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