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Case 1:13-cv-00290-TH-ZJH Document 7 Filed 06/04/13 Page 1 of 2 PageID #: 18



IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

BEAUMONT DIVISION

DEREK KING

VS.

MS. MARSHELL, CO V

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CIVIL ACTION NO. 1:13-CV-290

MEMORANDUM ORDER ADOPTING THE MAGISTRATE

JUDGE’S REPORT AND RECOMMENDATION

Plaintiff, Derek King, an inmate formerly confined at the Mark Stiles Unit with 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 defendant CO V Marshell.

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. The Magistrate Judge recommends this civil rights lawsuit be dismissed for failure to

state a claim.

The Court has received and considered the Report and Recommendation of United States

Magistrate Judge filed pursuant to such order, along with the record, and pleadings. No

objections to the Report and Recommendation of United States Magistrate Judge were filed by

the parties.1

ORDER

Accordingly, the findings of fact and conclusions of law of the Magistrate Judge are

correct, and the report of the Magistrate Judge is ADOPTED. A final judgment will be entered

1

Plaintiff filed correspondence with the Court on May 15, 2013 which was docketed as a supplement to his
complaint. See docket entry no. 5. After a review of the correspondence, the Court also construes this as a supplement
to his complaint as plaintiff provided additional factual information regarding his attempt to exhaust his administrative
remedies and collect $100.00 from TDCJ-CID.

Case 1:13-cv-00290-TH-ZJH Document 7 Filed 06/04/13 Page 2 of 2 PageID #: 19

in this case in accordance with the Magistrate Judge’s recommendations.

2