Wilson Jr. v. Bradshaw

Filing 67

ORDER ADOPTING 64 REPORT AND RECOMMENDATIONS. Signed by District Judge Ron Clark on 9/5/18. (ljw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
LAJOHN F. WILSON, JR.

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VS.

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SAMUEL A. BRADSHAW

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CIVIL ACTION NO. 9:16-CV-112

MEMORANDUM ORDER OVERRULING OBJECTIONS AND
ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff, Lajohn F. Wilson, Jr., a prisoner confined at the Polunsky Unit of the Texas
Department of Criminal Justice, Correctional Institutions Division, proceeding pro se and in forma
pauperis, brings this action pursuant to 42 U.S.C. § 1983 against defendant Samuel A. Bradshaw.
The court referred this matter to the Honorable Keith Giblin United States Magistrate Judge,
at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The
Magistrate Judge recommends defendant Bradshaw’s Motion for Summary Judgment for failure to
exhaust administrative remedies be granted.
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 pleading. After careful
review, the Court finds the objections lacking in merit. Plaintiff has not demonstrated beyond his
conclusory allegation that his grievance was intentionally destroyed. Kidd v. Livingston, 463 F.
App’x 311, 313 (5th Cir. 2012); Garner v. Moore, 536 F. App’x 446, 449 (5th Cir. 2013); Wiley v.
Civigenics, 2009 WL 260948 at *1-2 (E.D. Tex. Feb. 3 2009). Plaintiff did not properly exhaust his
administrative remedies.

ORDER
Accordingly, plaintiff’s objections are OVERRULED. 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 accordance with the recommendations of the Magistrate Judge.

So ORDERED and SIGNED September 5, 2018.

____________________________
Ron Clark, Senior District Judge

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