Schuff v. Odueme et al

Filing 15

ORDER ADOPTING 11 Report and Recommendations and Overruling 13 Plaintiff objections to Report and Recommendations. The claim against defendant Bellows is dismissed. Signed by District Judge Marcia A. Crone on 8/29/2024. (KMH)

UNITED STATES DISTRICT COURT
COREY JOSEPH SCHUFF,
Plaintiff,
versus
OWIGHOWOTO ODUEME, et al.,
Defendants.

EASTERN DISTRICT OF TEXAS
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CIVIL ACTION NO. 1:23-CV-390

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Corey Joseph Schuff, proceeding pro se, filed the above-styled civil rights lawsuit
against several defendants. The court previously referred this matter to the Honorable Zack
Hawthorn, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to 28
U.S.C. § 636 and orders of this court. The magistrate judge has submitted a Report and
Recommendation of United States Magistrate Judge recommending that the claim against Case
Bellows be dismissed pursuant to 28 U.S.C. 1915(e)(2)(B).
The court has received the Report and Recommendation, along with the record, pleadings,
and all available evidence.

Plaintiff filed objections to the magistrate judge’s Report and

Recommendation.
The court has conducted a de novo review of the objections. After careful consideration,
the court is of the opinion the objections are without merit. Plaintiff alleges defendant Bellows
denied him due process in connection with a prison disciplinary hearing. As the punishment
imposed as a result of the disciplinary conviction did not result in the loss of good conduct time
credits and did not subject plaintiff to an atypical and significant hardship in connection with the
ordinary incidents of prison life, the punishment plaintiff received did not implicate a protected
liberty interest. Sandin v. Conner, 515 U.S. 472, 484 (1995). Plaintiff was therefore not entitled
to due process and the magistrate judge correctly concluded the claim against defendant Bellows
should be dismissed.

ORDER
Accordingly, the objections filed by plaintiff in this matter (#13) are OVERRULED. The
findings of fact and conclusions of law set forth in the report of the magistrate judge (#11) are
correct, and the report of the magistrate judge is ADOPTED. The claim against defendant
Bellows is DISMISSED.

SIGNED at Beaumont, Texas, this 29th day of August, 2024.

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MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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