Cowart v. Erwin et al, No. 3:2010cv01800 - Document 110 (N.D. Tex. 2013)

Court Description: Order Accepting 107 Findings and Recommendations of the United States Magistrate Judge. (Ordered by Senior Judge A. Joe Fish on 11/26/2013) (aaa)

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Cowart v. Erwin et al Doc. 110 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION MARK A. COWART, Plaintiff, VS. FNU ERWIN, ET AL., Defendants. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 3:10-CV-1800-G (BN) ORDER The United States Magistrate Judge made findings, conclusions, and recommendations in this case. Defendants filed objections, and the district court has made a de novo review of those portions of the proposed findings, conclusions, and recommendation to which objection was made. While the court appreciates the lack of evidence of a grievance filing emphasized by the defendants, it respects the magistrate judge’s determination that the plaintiff’s testimony that he had in fact filed a grievance was credible. The court also agrees with the magistrate judge that this was all that was required of the plaintiff under the prison’s grievance procedure. The defendants’ objections are therefore overruled, and the court ACCEPTS the findings, conclusions, and recommendations of the United States Magistrate Judge. Dockets.Justia.com SO ORDERED. November 26, 2013. ___________________________________ A. JOE FISH Senior United States District Judge -2-

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