Hernandez et al., v. Abbott et al.
MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S 8 REPORT AND RECOMMENDATION. Signed by Judge Ron Clark on 5/17/17. (ljw, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
JASON J. HERNANDEZ
GREGG ABBOTT, et al.,
CIVIL ACTION NO. 9:17-CV-23
MEMORANDUM ORDER OVERRULING OBJECTIONS AND
ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff, Jason J. Hernandez, an inmate confined at the Polunsky 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.
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 plaintiff’s motion for class certification be denied.
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. Defendants filed
objections to the Report and Recommendation of United States Magistrate Judge. This requires a
de novo review of the objections in relation to the pleadings and applicable law. See FED. R. CIV.
After careful consideration of the objections and responses thereto, the court finds
defendants’ objections lacking in merit. Plaintiff does not meet each of the requirements necessary
for class certification set forth in Rule 23(a).
Accordingly, petitioner’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
So ORDERED and SIGNED this 17 day of May, 2017.
Ron Clark, United States District Judge
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