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 ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Kenneth Hernandez, a prisoner previously 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, Captain Easter, and Major 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.
On June 28, 2026, the magistrate judge recommended dismissing the claims against Defendants
Easter and Johnson pursuant to 28 U.S.C. § 1915(e) as frivolous and for failure to state a claim.
To date, the parties have not filed objections to the report and recommendation.
The court received and considered the Report and Recommendation of United States
Magistrate Judge pursuant to such referral, along with the record, pleadings and all available
evidence. After careful review, the court finds that the findings of fact and conclusions of law of
the United States Magistrate Judge are correct.
Case 9:24-cv-00022-MAC-ZJH Document 42 Filed 03/11/26 Page 1 of 2 PageID #:
<pageID>

Accordingly, the findings of fact and conclusions of law of the magistrate judge are
correct, and the Report and Recommendation of United States Magistrate Judge (#21) is
ADOPTED. Defendants Easter and Johnson are DISMISSED from this action.
2
________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE
SIGNED at Beaumont, Texas, this 11th day of March, 2026.
Case 9:24-cv-00022-MAC-ZJH Document 42 Filed 03/11/26 Page 2 of 2 PageID #:
<pageID>