Opinion
CIVIL ACTION NO. 1:20-CV-77
10-27-2020
RAMIRO CANALES v. DEMETRIA EDISON, et al.
MEMORANDUM OPINION AND ORDER OVERRULING OBJECTIONS AND ADOPTING REPORT AND RECOMMENDATION
Plaintiff, Ramiro Canales, an inmate confined at the Connally Unit with 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 defendant Michelle Spruell-Smith.
The Court referred this matter to the Honorable Keith Giblin, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this Court. The Magistrate Judge recommends Plaintiff's Motion for Default Judgment be denied (docket entry no. 65).
The Court has received and considered the Report and Recommendation of United States Magistrate Judge filed pursuant to such order, along with the records, and pleadings. Plaintiff filed objections to the Report and Recommendation of United States Magistrate Judge (docket entry no. 69). This requires a de novo review of the objections in relation to the pleadings and applicable law. See FED. R. CIV. P. 72(b).
After a careful review, the Court finds plaintiff's objections lacking in merit. As outlined by the Magistrate Judge, defendant Spruell-Smith timely filed an answer. Failure to timely provide medical records and an authorization is not a basis to support a motion for default judgment. Regardless, plaintiff has reviewed the medical records and provided the authorization so this argument is moot.
ORDER
Accordingly, plaintiff's objections are OVERRULED. The findings of fact and conclusions of law of the Magistrate Judge are correct, and the report of the Magistrate Judge is ADOPTED.
SIGNED this the 27 day of October, 2020.
/s/_________
Thad Heartfield
United States District Judge