Garza v. Davis

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION ROSFEL GARZA, #01181215, § § Plaintiff, § § v. § CIVIL ACTION NO. 6:20-CV-322 § LORIE DAVIS, ET AL., § § Defendants. §

ORDER DENYING MOTION FOR INJUNCTIVE RELIEF This action was referred to United States Magistrate Judge John D. Love, who issued a Report and Recommendation (Docket No. 57) concluding that Plaintiff’s motion for temporary restraining order (Docket No. 56) should be denied. Plaintiff has filed objections. Docket No. 59.

This Court reviews the findings and conclusions of the Magistrate Judge de novo only if a party objects within fourteen days of service of the Report and Recommendation. 28 U.S.C. § 636(b)(1). In conducting a de novo review, the Court examines the entire record and makes an independent assessment under the law. Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc), superseded on other grounds by statute, 28 U.S.C. § 636(b)(1) (extending the time to file objections from ten to fourteen days).

The Court has conducted a careful de novo review of the record and the Magistrate Judge’s proposed findings and recommendations. See 28 U.S.C. § 636(b)(1) (explaining the district judge shall “make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.”). Having reviewed the Report and Plaintiff’s objections, the Court has determined that the Report is correct, and the objections are without merit. It is accordingly ORDERED that the Report and Recommendation (Docket No. 57) is ADOPTED. It is further ORDERED that the motion for temporary restraining order (Docket No. 56) is DENIED.

So ORDERED and SIGNED this 25th day of March, 2022.

JERGMY DJ KERNODEE UNITED STATES DISTRICT JUDGE