Swallow v. Jefferson County Correctional Facility et al

Filing 27

ORDER overruling objections and adopting the magistrate judge's 8 Report and Recommendation. The motion for default judgment is denied. Signed by District Judge Thad Heartfield on 3/5/2019. (bjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
ELIJAH BURKE SWALLOW

§

VS.

§

CIVIL ACTION NO. 1:18cv133

JEFFERSON CO. CORR. FACILITY, ET AL. §
ORDER OVERRULING OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Elijah Burkle Swallow, proceeding pro se, filed the above-styled lawsuit against
several defendants. The Court previously referred this matter to the Honorable Zack Hawthorn,
United States Magistrate Judge, for consideration pursuant to applicable orders of this court. The
Magistrate Judge has submitted a Report and Recommendation of United States Magistrate Judge
recommending a motion for default judgment (doc. no. 7) filed by plaintiff be denied.
The Court has received and considered the Report and Recommendation of United States
Magistrate Judge, along with the record. Plaintiff filed timely objections.
The Court has conducted a de novo review of the objections in relation to the pleadings and
the applicable law.
without merit.

After careful consideration, the Court is of the opinion the objections are

The Magistrate Judge correctly concluded plaintiff is not entitled to a default

judgment at this time.
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. The
motion for default judgment is DENIED.
SIGNED this the 5 day of March, 2019.

____________________________
Thad Heartfield
United States District Judge