Houston v. Bobbitt et al

Filing 54

MEMORANDUM ORDER ADOPTING 53 REPORT AND RECOMMENDATIONS. Signed by Judge Michael H. Schneider on 10/28/15. (ljw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
DONTE HOUSTON

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VS.

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DARREL BOBBITT, et al.,

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CIVIL ACTION NO. 9:13-CV-60

MEMORANDUM ORDER ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Plaintiff, Donte Houston, an inmate confined at the Allred Unit with the Texas Department
of Criminal Justice, Correctional Institutions Division, proceeding pro se and in forma pauperis,
filed this civil rights action pursuant to 42 U.S.C. § 1983 against defendants Sheriff Darrell Bobbitt,
Sergeant Joey Bowman, and Deputy Martha Jackson.
The Court referred this matter to the Honorable Zack Hawthorn, United States Magistrate
Judge, at Lufkin, Texas, for consideration pursuant to applicable laws and orders of this Court. The
Magistrate Judge recommends the complaint be dismissed pursuant to Federal Rule of Civil
.

Procedure 12(b)(6) for failure to state a claim.
The Court has received and considered the Report and Recommendation of United States
Magistrate Judge filed pursuant to such order, along with the record, and pleadings. No objections
to the Report and Recommendation of United States Magistrate Judge have been filed to date.
Accordingly, the findings of fact and conclusions of law of the Magistrate Judge are correct
and the report of the Magistrate Judge is ADOPTED. A final judgment will be entered
in this case in accordance with the Magistrate Judge’s recommendations.
SIGNED this 28th day of October, 2015.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE