Vaughn v. Strause

Filing 22

ORDER adopting 13 Report and Recommendation. Ordered that plaintiff's 5 Motion for Default Judgment is denied. Signed by Judge Marcia A. Crone on 9/7/2017. (bjc, )

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UNITED STATES DISTRICT COURT BEN DOYLE VAUGHN, Plaintiff, versus LT. ROBERT STRAUSE, Defendant. EASTERN DISTRICT OF TEXAS § § § § § § § § § CIVIL ACTION NO. 1:16-CV-384 MEMORANDUM ORDER OVERRULING PLAINTIFF’S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Plaintiff Ben Doyle Vaughn, an inmate confined at the Federal Correctional Complex in Pollock, Louisiana, proceeding pro se, brought this lawsuit against Lt. Robert Strause. 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 motion for default judgment be denied. The court has received and considered the Report and Recommendation of United States Magistrate Judge filed pursuant to such referral, along with the record, pleadings and all available evidence. 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 the applicable law. See FED. R. CIV. P. 72(b). The court has conducted a de novo review in this case. After careful consideration, the court concludes Plaintiff’s objections to the report are without merit. ORDER Accordingly, Plaintiff’s objections 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. It is therefore . ORDERED that plaintiff’s motion for default judgment is DENIED. SIGNED at Beaumont, Texas, this 7th day of September, 2004. SIGNED at Plano, Texas, this 7th day of September, 2017. ________________________________________ MARCIA A. CRONE UNITED STATES DISTRICT JUDGE 2

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