Postell v. Unknown Unit Doctor et al

Filing 69

MEMORANDUM ORDER overruling objections and adopting the magistrate judge's 63 Report and Recommendation. Signed by District Judge Marcia A. Crone on 8/30/2018. (bjc, )

UNITED STATES DISTRICT COURT

ASBERRY BARRY POSTELL,
Plaintiff,
versus
UNIT DOCTOR, et al.,
Defendants.

EASTERN DISTRICT OF TEXAS

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CIVIL ACTION NO. 1:17-CV-12

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING THE
MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff, Asberry Barry Postell, 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 this civil rights action pursuant to 42 U.S.C. § 1983 against several defendants.
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 denying plaintiff’s motion for preliminary injunction and
motion for evidentiary hearing (docket entry nos. 40 & 42).
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. 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). After a careful review, this court finds the objections lacking in merit.

ORDER
Accordingly, the objections of the plaintiff 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.

Signed this date
Aug 30, 2018

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