Jenkins v. Barnard

District Court, E.D. Texas

Jenkins v. Barnard

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:18-cv-00363 Darrell Jenkins, Plaintiff, V. Shawn Barnard et al., Defendants.

ORDER Plaintiff Darrell Jenkins, proceeding pro se and in forma pauperis, filed this civil rights lawsuit pursuant to

42 U.S.C. § 1983

. This case was referred to United States Magistrate Judge John D. Love. Doc. 4. On May 4, 2020, defendants Shawn Barnard and Jade Gomillion filed a motion for summary judgment, asserting that plaintiff failed to assert a claim upon which relief can be granted and that they were entitled to qualified immunity. Doc. 30. After plaintiff filed a response (Doc. 38), the magis- trate judge issued a report and recommendation that defend- ants’ motion for summary judgment should be denied. Doc. 41. No objections were filed to the report and recommenda- tion. When no party objects to a magistrate judge’s report and recommendation, the court reviews it only for clear error. See Douglass v. United Servs. Auto. Ass’n,

79 F.3d 1415, 1420

(Sth Cir. 1996). Having reviewed the magistrate judge’s report, and being satisfied that it contains no clear error, the court ac- cepts its findings and recommendation. For the reasons stated in the report, defendants’ motion for summary judgment (Doc. 30) is denied.

So ordered by the court on July 8, 2021.

J} CAMPBELL BARKER United States District Judge

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