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, )

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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

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