Ingram v. Alvarado et al

Filing 62

ORDER OVERRULING OBJECTIONS AND ADOPTING 50 REPORT AND RECOMMENDATIONS. Signed by District Judge Ron Clark on 1/31/19. (ljw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
DARRELL INGRAM

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VS.

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MELANIE ALVARADO

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CIVIL ACTION NO. 9:17-CV-32

ORDER OVERRULING PLAINTIFF’S OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Darrell Ingram, a prisoner confined at the Eastham Unit of 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, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of
this court. The Magistrate Judge recommends dismissing the action pursuant to 28 U.S.C. § 1915(e)
as frivolous and for failure to state a claim upon which relief may be granted.
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). Plaintiff has not shown that defendant Alvarado was
deliberately indifferent to his serious medical needs. Farmer v. Brennan, 511 U.S. 825, 832 (1994).
Therefore, the objections lack merit.

ORDER
Accordingly, plaintiff’s objections (document no. 58) are OVERRULED. The findings of
fact and conclusions of law of the Magistrate Judge are correct, and the report of the Magistrate
Judge (document no. 50) is ADOPTED. A final judgment will be entered in this case in accordance
with the Magistrate Judge’s recommendation.

So ORDERED and SIGNED January 31, 2019.

____________________________
Ron Clark, Senior District Judge

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