Tucker v. Holt

District Court, E.D. Texas

Tucker v. Holt

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:21-cv-00249 Edward Charles Tucker, Plaintiff, V. Jeffrey M. Holt et al., Defendants.

ORDER Plaintiff Edward Charles Tucker, proceeding pro se, filed this civil-rights lawsuit pursuant to

42 U.S.C. § 1983

. The case was re- ferred to United States Magistrate Judge John D. Love pursuant to

28 U.S.C. § 636

(b). Doc. 3. On June 23, the magistrate judge entered a report recommending that defendant Spangler’s motion for summary judgment limited to the issue of exhaustion of administrative remedies be granted. Doc. 46. On July 11, 2022, the magistrate judge entered a report recom- mending that the motion by both defendants for summary judgment on the merits of plaintiff’s claims be granted. Doc. 47. No objections were filed to either report. When no party objects to the magistrate judge’s report and rec- ommendation, the court reviews it only for clear error. See Douglass vy. United Servs. Auto. Ass’n,

79 F.3d 1415, 1420

(5th Cir. 1996). Hav- ing reviewed the magistrate judge’s reports, and being satisfied that they contain no clear error, the court accepts the reports’ findings and recommendations. The defendants’ motion for summary judg- ment on the merits of plaintiff’s claims (Doc. 42) is granted, and this case is dismissed with prejudice. Defendant Spangler’s motion for summary judgment limited to the issue of exhaustion (Doc. 33) is denied as moot.

So ordered by the court on August 29, 2022.

jf CAMPBELL BARKER United States District Judge

-2-

Reference

Status
Unknown