Joseph v. Jefferson et al

Filing 120

ORDER overruling objections and accepting 101 Report and Recommendation. Deft's 77 Motion for Summary Judgment is granted. Signed by District Judge Marcia A. Crone on 7/9/20. (tkd, )

**NOT FOR PRINTED PUBLICATION**

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
DEMETRIUS SHERMAN JOSEPH, SR.

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VS.

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ANNUNCIA WRIGHT

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CIVIL ACTION NO. 1:17-CV-235

ORDER OVERRULING PLAINTIFF’S OBJECTIONS AND ACCEPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Demetrius Sherman Joseph, Sr., a prisoner previously confined at the Stiles Unit of
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 Annuncia
Wright.
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 granting defendant’s motion for summary judgment.
The Court has received and considered the Report and Recommendation of United States
Magistrate Judge, along with the record and the pleadings. Plaintiff filed 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). For the reasons stated in the Magistrate Judge’s
Report and Recommendation, plaintiff has not shown that the defendant was deliberately indifferent

**NOT FOR PRINTED PUBLICATION**
to his serious medical needs.

Farmer v. Brennan, 511 U.S. 825, 832 (1994).

Plaintiff’s

disagreement with his medical treatment does not rise to the level of a constitutional violation.
Norton v. Dimazana, 122 F.3d 286, 292 (5th Cir. 1997). As a result, the defendant is entitled to
qualified immunity, and the Magistrate Judge correctly concluded that the defendant’s motion for
summary judgment should be granted.
ORDER
Accordingly, plaintiff’s objections (document no. 113) are OVERRULED. The findings
of fact and conclusions of law of the Magistrate Judge are correct, and the report of the Magistrate
Judge (document no. 101) is ACCEPTED. Defendant’s motion for summary judgment (document
no. 77) is GRANTED. A final judgment will be entered in accordance with the Magistrate Judge’s
recommendation.

SIGNED at Beaumont, Texas, this 9th day of July, 2020.

________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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