Cross v. Sweat et al

Filing 62

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Defendants' motion for summary judgment is GRANTED and the above-styled civil action is DISMISSED with prejudice. Any and all motions by either party not previously ruled upon are hereby DENIED. Signed by District Judge Richard A. Schell on 06/09/20. (mll, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
ASHICK KATRELL CROSS

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v.

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WARDEN CAROL MONROE, ET AL.

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CIVIL ACTION NO. 6:18cv276

ORDER OF DISMISSAL
The above-entitled and numbered civil action was referred to United States Magistrate Judge
John D. Love, who issued a Report and Recommendation concluding that the Defendants’ motion
for summary judgment should be granted and the lawsuit dismissed with prejudice. The Plaintiff
filed objections to the Report arguing that the use of force was not justified and he was subjected
to cruel and unusual punishment.
The Report of the Magistrate Judge, which contains proposed findings of fact and
recommendations for the disposition of the case, has been presented for consideration. The court
has conducted a de novo review of the objections raised by Plaintiff to the Report. It concludes that
the findings and conclusions of the Magistrate Judge are correct, and adopts the same as the findings
and conclusions of the court. It is accordingly
ORDERED that the Defendants’ motion for summary judgment is GRANTED and the
above-styled civil action is DISMISSED with prejudice. It is further
ORDERED that any and all motions by either party not previously ruled upon are hereby
DENIED.

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SIGNED this the 9th day of June, 2020.

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RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE