Valencia v. Livingston et al

Filing 50

MEMORANDUM ORDER OVERRULING PLAINTIFF'S OBJECTIONS AND ADOPTING 23 THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION. Signed by Judge Michael H. Schneider on 12/2/15. (ljw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
YSIDRO VALENCIA

§

VS.

§

BRAD LIVINGSTON, ET AL.

§

CIVIL ACTION NO. 9:13-CV-212

MEMORANDUM ORDER OVERRULING PLAINTIFF’S OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Ysidro Valencia, a prisoner confined in 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.
The court ordered that this matter be referred to the Honorable Keith F. Giblin, United States
Magistrate Judge, for consideration pursuant to applicable laws and orders of this court. The
magistrate judge recommends dismissing the action.
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 of all the pleadings and
the relevant case law, the court concludes that plaintiff’s objections lack merit.
Accordingly, plaintiff’s objections are OVERRULED. The findings of fact and the
conclusions of law of the magistrate judge are correct, and the report and recommendation of the

magistrate judge (document no. 23) is ADOPTED. A final judgment will be entered in this case in
accordance with the magistrate judge’s recommendation.
SIGNED this 2nd day of December, 2015.

____________________________________
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

2