Parker v. Smith

Filing 23

MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION. Signed by Judge Michael H. Schneider on 9/16/15. (ljw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
ROGER DALE PARKER

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VS.

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DAVID SMITH

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CIVIL ACTION NO. 9:13-CV-218

MEMORANDUM ORDER ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Roger Dale Parker, a prisoner confined at the Coffield Unit of the Texas Department
of Criminal Justice, Correctional Institutions Division, proceeding pro se, filed this civil rights action
pursuant to 42 U.S.C. § 1983 against David Smith.
The court ordered that this matter be referred to the Honorable Keith F. Giblin, United States
Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of
this court. The magistrate judge recommends granting defendant’s motion for summary judgment
and dismissing this civil rights action.
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 the pleadings. No
objections to the Report and Recommendation of United States Magistrate Judge were filed by the
parties.
Accordingly, the findings of fact and conclusions of law of the magistrate judge are correct,
and the report of the magistrate judge is ADOPTED. Defendant’s motion for summary judgment

is GRANTED. A final judgment will be entered in this case in accordance with the magistrate
judge’s recommendation.
SIGNED this 16th day of September, 2015.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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