Richardson v. Livingston et al

Filing 70

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION denying 52 MOTION for Summary Judgment Based on Plaintiff's Failure to Exhaust Remedies (Signed by Judge Nelva Gonzales Ramos) Parties notified.(mserpa, 2)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
BRANDON RICHARDSON,
Plaintiff,
VS.
BRAD LIVINGSTON, et al,
Defendants.

August 23, 2016
David J. Bradley, Clerk

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§ CIVIL ACTION NO. 2:14-CV-00464
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ORDER ADOPTING
MEMORANDUM AND RECOMMENDATION
Pending before the Court is “Defendants Bunch, Trevino, Hunt, and Salinas’
Motion for Summary Judgment Based on Plaintiff’s Failure to Exhaust Remedies” (D.E.
52). On June 7, 2016, United States Magistrate Judge B. Janice Ellington issued her
“Memorandum and Recommendation on Defendants’ Motion for Summary Judgment.”
(D.E. 62). The parties were provided proper notice of, and opportunity to object to, the
Magistrate Judge’s Memorandum and Recommendation. 28 U.S.C. § 636(b)(1); FED. R.
CIV. P. 72(b); General Order No. 2002-13. No objections have been filed.
When no timely objection to a magistrate judge’s memorandum and
recommendation is filed, the district court need only satisfy itself that there is no clear
error on the face of the record and accept the magistrate judge’s memorandum and
recommendation. Guillory v. PPG Indus., Inc., 434 F.3d 303, 308 (5th Cir. 2005) (citing
Douglass v. United Servs. Auto Ass’n, 79 F.3d 1415, 1420 (5th Cir. 1996)).
Having reviewed the findings and conclusions set forth in the Magistrate Judge’s
Memorandum and Recommendation (D.E. 62), summary judgment evidence, and all
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other relevant documents in the record, and finding no clear error, the Court ADOPTS as
its own the findings and conclusions of the Magistrate Judge. Accordingly, Defendants’
Motion for Summary Judgment (D.E. 52) is hereby DENIED.
ORDERED this 23rd day of August, 2016.
___________________________________
NELVA GONZALES RAMOS
UNITED STATES DISTRICT JUDGE

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