**NOT FOR PRINTED PUBLICATION**

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS

BEAUMONT DIVISION DEMETRIUS SHERMAN JOSEPH, SR. § VS. § CIVIL ACTION NO. 1:17-CV-235 ANNUNCIA WRIGHT § ORDER OVERRULING PLAINTIFF’S OBJECTIONS AND ACCEPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Plaintiff Demetrius Sherman Joseph, Sr., a prisoner previously confined at the Stiles 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

against Annuncia Wright. The Court referred this matter to the Honorable Zack Hawthorn, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this Court.

The Magistrate Judge recommends granting defendant’s motion for summary judgment. 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). For the reasons stated in the Magistrate Judge’s Report and Recommendation, plaintiff has not shown that the defendant was deliberately indifferent **NOT FOR PRINTED PUBLICATION** to his serious medical needs. Farmer v. Brennan,

(1994). Plaintiffs disagreement with his medical treatment does not rise to the level of a constitutional violation. Norton v. Dimazana,

(Sth Cir. 1997). As a result, the defendant is entitled to qualified immunity, and the Magistrate Judge correctly concluded that the defendant’s motion for summary judgment should be granted. ORDER Accordingly, plaintiff's objections (document no. 113) 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. 101) is ACCEPTED. Defendant’s motion for summary judgment (document no. 77) is GRANTED. A final judgment will be entered in accordance with the Magistrate Judge’s recommendation.

SIGNED at Beaumont, Texas, this 9th day of July, 2020.

Pauw L Carne. MARCIA A. CRONE UNITED STATES DISTRICT JUDGE