IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION WILLIAM E. BINGHAM § VS. § CIVIL ACTION NO. 1:20-CV-290 WARDEN DANIEL FERNANDEZ, et al., § ORDER ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Plaintiff, William E. Bingham, an inmate confined at the Mark Stiles Unit with the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se and in forma pauperis, filed the above-referenced civil rights action pursuant to

against defendants Warden Daniel Fernandez and Sergeant Andrew Nino.. 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 dismissing the complaint pursuant to

(e)(2)(B) as barred by the statute of limitations and Heck v. Humphrey,

(1994). 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 have been filed to date.1

1Plaintiff received a copy of the Report and Recommendation on July 14, 2020 (docket entry no. 5). 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. A Final Judgment will be entered in accordance with the recommendations of the Magistrate Judge. SIGNED this 15th day of October, 2020.

Michael J. Truncale United States District Judge