Cowart v. Erwin et al

Filing 110

Order Accepting 107 Findings and Recommendations of the United States Magistrate Judge. (Ordered by Senior Judge A. Joe Fish on 11/26/2013) (aaa)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

MARK A. COWART,
Plaintiff,
VS.
FNU ERWIN, ET AL.,
Defendants.

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CIVIL ACTION NO.
3:10-CV-1800-G (BN)

ORDER
The United States Magistrate Judge made findings, conclusions, and
recommendations in this case. Defendants filed objections, and the district court has
made a de novo review of those portions of the proposed findings, conclusions, and
recommendation to which objection was made. While the court appreciates the lack
of evidence of a grievance filing emphasized by the defendants, it respects the
magistrate judge’s determination that the plaintiff’s testimony that he had in fact
filed a grievance was credible. The court also agrees with the magistrate judge that
this was all that was required of the plaintiff under the prison’s grievance procedure.
The defendants’ objections are therefore overruled, and the court ACCEPTS the
findings, conclusions, and recommendations of the United States Magistrate Judge.

SO ORDERED.

November 26, 2013.

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A. JOE FISH
Senior United States District Judge

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