Herod v. University of Texas Medical Branch et al

Filing 59

ORDER overruling objections and adopting the magistrate judge's 24 Report and Recommendation. Plaintiff's 15 motion for default judgment is denied. Signed by Judge Ron Clark on 9/27/2016. (bjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
DONALD WAYNE HEROD

§

VS.

§

WARDEN BELL, ET AL.

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CIVIL ACTION NO. 9:14cv69

ORDER OVERRULING OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Donald Wayne Herod, a prisoner confined within the Texas Department of Criminal
Justice, Correctional Institutions Division, 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 applicable orders of this court.
Plaintiff has filed a motion seeking a default judgment (doc. no. 15). The Magistrate Judge
has submitted a Report and Recommendation of United States Magistrate Judge concerning this
motion. The Magistrate Judge recommends the motion be denied.
The court has received and considered the Report and Recommendation of United States
Magistrate Judge, along with the record and pleadings. Plaintiff filed objections to the 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. As the defendants have not been served with
process, they cannot be in default.1
ORDER
Accordingly, the objections filed by plaintiff to the Report and Recommendation are
OVERRULED. The findings of fact and conclusions of law of the Magistrate Judge are correct and

1

The court notes that the Magistrate Judge has submitted a Report and Recommendation of United States
Magistrate Judge recommending that this matter be dismissed for failure to state a claim upon which relief may be
granted.

the report of the Magistrate Judge is ADOPTED as the opinion of the court. Plaintiff’s motion for
default judgment is DENIED.
So ORDERED and SIGNED this 27 day of September, 2016.

___________________________________
Ron Clark, United States District Judge