Hernandez v. William et al

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS
KENNETH HERNANDEZ, §
§
Plaintiff, §
§
versus § CIVIL ACTION NO. 9:24-CV-22
§
SERGEANT WILLIAM, et al., §
§
Defendants. §
ORDER OVERRULING PLAINTIFF’S OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Kenneth Hernandez, a prisoner confined at the Gib Lewis 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 42 U.S.C. § 1983 against Sergeant William,
Unknown Easter, and Colonel Johnson.
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 has submitted a Report and Recommendation of United States Magistrate
Judge. The magistrate judge recommended denying Plaintiff’s Motion for Default Judgment.
The court has received and considered the Report and Recommendation of United States
Magistrate Judge, along with the record, pleadings, and all available evidence. Plaintiff filed
objections to the magistrate judge’s Report and Recommendation.
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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). After careful consideration, the court concludes
the objections are without merit.
ORDER
Accordingly, Plaintiff’s objections (#34) are OVERRULED. The findings of fact and
conclusions of law of the magistrate judge are correct, and the Report and Recommendation of the
magistrate judge (#33) is ADOPTED. Plaintiff’s Motion for Default Judgment (#32) is DENIED.
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MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE
SIGNED at Beaumont, Texas, this 11th day of March, 2026.
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