Garcia v. Bolton et al

Filing 94

MEMORANDUM OPINION and ORDER adopting 78 Report and Recommendation. Order denying 50 Motion for Summary Judgment filed by Pedro A Garcia. Signed by District Judge Ron Clark on 3/20/2019. (bjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
PEDRO A. GARCIA

§

VS.

§

JOHN P. BOLTON, et al.,

§

CIVIL ACTION NO. 9:17-CV-72

MEMORANDUM OPINION AND ORDER RE MOTION FOR SUMMARY JUDGMENT
Plaintiff, Pedro A. Garcia, an inmate formerly confined at the Polunsky Unit with 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 against defendants John P.
Bolton, Sean R. Burks, Johnny R. Farris, Patricia Garney, and Joseph Smith.
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 summary judgment be denied (docket entry no.
78).
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. No objections
to the Report and Recommendation of United States Magistrate Judge were filed by the parties.1

1

Plaintiff received a copy of the Report and Recommendation on February 6, 2019 (docket entry no. 87).

ORDER
Accordingly, the findings of fact and conclusions of law of the Magistrate Judge are correct,
and the report of the Magistrate Judge is ADOPTED.

So ORDERED and SIGNED March 20, 2019.

____________________________
Ron Clark, Senior District Judge

2