Caldwell v. McCartney

Full title: REAGAN JAMES CALDWELL, Plaintiff, v. RODERICK W. McCARTNEY, Defendant

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

Date published: Nov 7, 2006

Civil Action No. 1:04-cv-398 (E.D. Tex. Nov. 7, 2006)

Opinion

Civil Action No. 1:04-cv-398.

November 7, 2006

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

MARCIA CRONE, District Judge

Plaintiff Reagan James Caldwell, a prisoner previously confined at the Stiles Unit of the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se and in forma pauperis, filed this civil action pursuant to 42 U.S.C. § 1983 against Roderick W. McCartney.

The Court ordered that this matter be referred to the Honorable Keith F. Giblin, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court.

The Court entered a default judgment against the defendant with respect to liability, and directed the magistrate judge to conduct an evidentiary hearing with respect to damages. After conducting the hearing, the magistrate judge submitted a Report and Recommendation. The magistrate judge recommends awarding plaintiff $5,000 in compensatory damages, and pre-judgment and post-judgment interest at the rates allowed by law.

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). Plaintiff contends that he is entitled to $25,000, or more, in compensatory damages. However, the evidence supports the magistrate judge's finding that $5,000 adequately compensates plaintiff for his injuries. After careful consideration, the court concludes the objections are without merit.

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. A final judgment will be entered in this case in accordance with the magistrate judge's recommendations.