Wolfford v. Polunsky Unit - TDCJ et al

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS
NICKOLAS WOLFFORD, §
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Plaintiff, §
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versus § CIVIL ACTION NO. 9:23-CV-48
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JULIE SMITHERMAN, et al., §
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Defendants. §
ORDER ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Nickolas Wolfford, a prisoner previously confined at the Polunsky Unit of the
Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, filed
this civil rights action pursuant to 42 U.S.C. § 1983 against Julie Smitherman and Kenzie
Watkins.
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 January 27, 2026, the magistrate judge recommended granting Defendants’ motion for
summary judgment. To date, the parties have not filed objections to the report.
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.
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 (#159) is
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ADOPTED. A final judgment will be entered in this case in accordance with the magistrate
judge’s recommendation.
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________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE
SIGNED at Beaumont, Texas, this 26th day of February, 2026.
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