Fisher v. Texas Department Of Criminal Justice et al, No. 4:2012cv01114 - Document 66 (S.D. Tex. 2013)

Court Description: ORDER entered ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 51 MOTION for Summary Judgment, 50 MOTION for Summary Judgment, 62 Memorandum and Recommendations. Final judgment to be entered by separate order. (Signed by Judge Lee H Rosenthal) Parties notified.(leddins, )
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Fisher v. Texas Department Of Criminal Justice et al Doc. 66 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION DUANE FISHER, Plaintiff, v. BILLY HIRSCH and TEXAS DEPARTMENT OF CRIMINAL JUSTICE, Defendant. § § § § § § § § § § CIVIL ACTION NO. H-12-1114 ORDER ADOPTING MEMORANDUM AND RECOMMENDATION This court has reviewed the Memorandum and Recommendation on Cross-Motions for Summary Judgment of the United States Magistrate Judge signed on July 5, 2013, and made a de novo determination. Rule 72(b), Fed. R. Civ. P.; 28 U.S.C. § 636(b)(1)(C); United States v. Wilson, 864 F.2d 1219 (5th Cir. 1989). Based on the pleadings, the record, and the applicable law, the court adopts the Memorandum and Recommendation as this court’s Memorandum and Order. This court denies the summary judgment motion filed by the plaintiff, Duane Fisher (Docket Entry No. 51), and grants the summary judgment motion filed by the defendants (Docket Entry No. 50), for the reasons set out in detail in the Memorandum and Recommendation. Final judgment is entered by separate order. SIGNED on July 29, 2013, at Houston, Texas. ______________________________________ Lee H. Rosenthal United States District Judge