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Hinshaw v. Frederick

United States District Court, E.D. Texas
Sep 18, 2023
Civil Action 9:22-CV-22 (E.D. Tex. Sep. 18, 2023)

Opinion

Civil Action 9:22-CV-22

09-18-2023

CHRISTOPHER MICHAEL HINSHAW, Plaintiff, v. JOHN FREDERICK, et al. Defendants.


ORDER OVERRULING PLAINTIFF'S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

MARCIA A. CRONE, UNITED STATES DISTRICT JUDGE.

Plaintiff Christopher Michael Hinshaw, a prisoner previously confined at the Wainwright Unit of the Texas Department of Criminal Justice, Correctional Institutions Division (TDCJ-CID), proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. § 1983 against John Frederick, Mohammed Abubakari, James Davis, and Darron Lane.

The court referred this matter to the Honorable Christine L. Stetson, 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 recommends granting Defendants' Motion for Summary Judgment filed by Defendants Davis and Lane.

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.

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. The evidence does not create a genuine issue of material fact that either Defendant Lane or Defendant Davis was personally involved in violating Plaintiff's constitutional rights, and the evidence does not support a claim that they failed to train or supervise subordinates who allegedly violated Plaintiff's constitutional rights.

ORDER

Accordingly, Plaintiff's objections (#62) are OVERRULED. The findings of fact and conclusions of law of the magistrate judge are correct, and the report of the magistrate judge (#60) is ADOPTED. Defendants' Motion for Summary Judgment (#32) is GRANTED. Defendants James Davis and Darron Lane are DISMISSED from this action.


Summaries of

Hinshaw v. Frederick

United States District Court, E.D. Texas
Sep 18, 2023
Civil Action 9:22-CV-22 (E.D. Tex. Sep. 18, 2023)
Case details for

Hinshaw v. Frederick

Case Details

Full title:CHRISTOPHER MICHAEL HINSHAW, Plaintiff, v. JOHN FREDERICK, et al…

Court:United States District Court, E.D. Texas

Date published: Sep 18, 2023

Citations

Civil Action 9:22-CV-22 (E.D. Tex. Sep. 18, 2023)