Rodriguez, Jr. v. Touhami et al

Filing 34

ORDER ADOPTING 31 REPORT AND RECOMMENDATIONS. Plaintiff's motion for default judgment is DENIED. Signed by District Judge Ron Clark on 9/25/19. (ljw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
FRANK W. RODRIGUEZ, JR.

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VS.

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MOHAMED TOUHAMI, ET AL.

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CIVIL ACTION NO. 9:17cv74

ORDER OVERRULING OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Frank W. Rodriguez, Jr., an inmate at the Eastham Unit, proceeding pro se, brought
the above-styled lawsuit pursuant to 42 U.S.C. § 1983.
The court referred this matter 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 plaintiff’s motion for default judgment be denied.
The court has received and considered the Report and Recommendation of United States
Magistrate Judge filed pursuant to such referral, along with the record and pleadings. Plaintiff filed
objections to the Magistrate Judge’s Report and Recommendation. This requires a de novo review
of the objections in relation to the pleadings and the applicable law. See FED. R. CIV. P. 72(b).
After careful consideration, the court concludes plaintiff’s objections are without merit. For
the reasons set forth in the Report, plaintiff’s motion for default judgment should be denied.
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.

It is therefore
ORDERED that plaintiff’s motion for default judgment is DENIED.
So ORDERED and SIGNED September 25, 2019.

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Ron Clark, Senior District Judge

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