Robinson v. UTMB et al

Filing 55

MEMORANDUM ORDER overruling objections and adopting 49 Report and Recommendation. Pltf's 41 Motion for Default Judgment is denied. Signed by District Judge Michael J. Truncale on 3/22/24. (tkd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
SCOTT RODNEY ROBINSON, JR.

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VS.

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UTMB, ET AL.

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CIVIL ACTION NO. 1:21cv494

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Scott Rodney Robinson, Jr., an inmate at the Pack I Unit of the Texas Department
of Criminal Justice, Correctional Institutions Division, proceeding pro se, brought the above-styled
lawsuit.
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 default judgment.
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 careful consideration, the Court concludes plaintiff’s objections are without merit. As
the magistrate judge set forth, defendants Duyen Bui and Lori Walker both have filed motions to
dismiss, and defendant Poullard remains unserved at this time. Accordingly, default judgment is not
appropriate.

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. It
is therefore
ORDERED that plaintiff’s motion for default judgment [Dkt. 41] is DENIED.
SIGNED this 22nd day of March, 2024.

____________________________
Michael J. Truncale
United States District Judge

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