Hamby v. Wright et al

Filing 70

MEMORANDUM ORDER overruling objections and adopting 66 Report and Recommendation. Defts' 53 Motion for Summary Judgment is granted. Signed by District Judge Thad Heartfield on 9/16/22. (tkd, )

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Case 1:20-cv-00185-TH-ZJH Document 70 Filed 09/16/22 Page 1 of 2 PageID #: 1865 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION JACKIE HAMBY § VS. § MARK J. RICHARDS, ET AL. § CIVIL ACTION NO. 1:20-CV-185 MEMORANDUM ORDER OVERRULING PLAINTIFF’S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Plaintiff Jackie Hamby brings this civil rights action pursuant to 42 U.S.C. § 1983 against Mark J. Richards and Robert Behrns. The court ordered that this matter be referred 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 Defendants’ 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). After careful consideration, the court concludes the objections are without merit. ORDER Accordingly, Plaintiff’s objections (document no. 69) 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. 66) is ADOPTED. Defendants’ motion for summary judgment (document no. 53) Case 1:20-cv-00185-TH-ZJH Document 70 Filed 09/16/22 Page 2 of 2 PageID #: 1866 is GRANTED. A final judgment will be entered in this case in accordance with the magistrate judge’s recommendation. SIGNED this the 16 day of September, 2022. ____________________________ Thad Heartfield United States District Judge 2

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