Cain v. Rangel

Filing 100

MEMORANDUM ORDER OVERRULING PLAINTIFF'S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION. The plaintiff's 68 Motion for Summary Judgment is denied. Signed by Judge Marcia A. Crone on 5/24/17. (mrp, )

UNITED STATES DISTRICT COURT

KENNETH N. CAIN,
Plaintiff,
versus
THANH NGUYEN,
Defendant.

EASTERN DISTRICT OF TEXAS

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CIVIL ACTION NO. 1:15-CV-405

MEMORANDUM ORDER OVERRULING PLAINTIFF’S OBJECTIONS AND
ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Kenneth N. Cain, a prisoner confined at the Stiles Unit of the Texas Department
of Criminal Justice, Correctional Institutions Division (TDCJ-CID), proceeding pro se and in
forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 against Thanh Nguyen.
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 has submitted a Report and Recommendation of United
States Magistrate Judge. The magistrate judge recommends denying plaintiff’s motion for
summary judgment.
The court has received and considered the Report and Recommendation of United States
Magistrate Judge, along with the record, pleadings, and all available evidence. Plaintiff filed a
motion to alter or amend judgment, which the court liberally construes as objections to the
magistrate judge’s Report and Recommendation.

The court has conducted a de novo review of the objections in relation to the pleadings and
the applicable law. See FED. R. CIV. P. 72(b). After careful consideration, the court concludes
the objections are without merit.
ORDER
Accordingly, plaintiff’s objections (#83) are OVERRULED. The findings of fact and
conclusions of law of the magistrate judge are correct, and the report of the magistrate judge (#79)
is ADOPTED. Plaintiff’s motion for summary judgment (#68) is DENIED.
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SIGNED at Beaumont, Texas, this 7th day of September, 2004.

SIGNED at Plano, Texas, this 24th day of May, 2017.

________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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