Brown v. Smith

E.D. Texas

Brown v. Smith

DecidedSeptember 30, 2025

Docket9:13-cv-00216

StatusUnknown

This text of Brown v. Smith (Brown v. Smith) is published on Counsel Stack Legal Research, covering District Court, E.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Brown v. Smith, (E.D. Tex. 2025).

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Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS

GABRIEL JOSEPH BROWN, § Plaintiff, : versus : CIVIL ACTION NO. 9:13-CV-216 JAMES SMITH, et al., : Defendants. : MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Gabriel Joseph Brown, proceeding pro se, filed this civil rights lawsuit. The court previously 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. After the court entered an order directing prison officials to submit an administrative record in accordance with Martinez v. Aaron, 570 F.2d 317 (10th Cir. 1987), the court entered another order informing plaintiff the Martinez report was being converted into a motion for summary judgment. The magistrate judge has submitted a Report and Recommendation of United States Magistrate Judge recommending that this lawsuit be dismissed pursuant to Federal Rule of Civil Procedure 56. To date, the parties have not filed objections. The court has received the Report and Recommendation, along with the record, pleadings, and all available evidence. After careful review, the court finds that the findings of fact and conclusions of law of the magistrate judge are correct. Accordingly, the Report and Recommendation of United States Magistrate Judge (#34) is ADOPTED. A final judgment shall be entered dismissing this lawsuit. SIGNED at Beaumont, Texas, this 30th day of September, 2025.

PNuua be Ore. MARCIA A.CRONE- UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS

GABRIEL JOSEPH BROWN, § Plaintiff, : versus : CIVIL ACTION NO. 9:13-CV-216 JAMES SMITH, et al., : Defendants. : MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Gabriel Joseph Brown, proceeding pro se, filed this civil rights lawsuit. The court previously 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. After the court entered an order directing prison officials to submit an administrative record in accordance with Martinez v. Aaron, 570 F.2d 317 (10th Cir. 1987), the court entered another order informing plaintiff the Martinez report was being converted into a motion for summary judgment. The magistrate judge has submitted a Report and Recommendation of United States Magistrate Judge recommending that this lawsuit be dismissed pursuant to Federal Rule of Civil Procedure 56. To date, the parties have not filed objections. The court has received the Report and Recommendation, along with the record, pleadings, and all available evidence. After careful review, the court finds that the findings of fact and conclusions of law of the magistrate judge are correct. Accordingly, the Report and Recommendation of United States Magistrate Judge (#34) is ADOPTED. A final judgment shall be entered dismissing this lawsuit. SIGNED at Beaumont, Texas, this 30th day of September, 2025.

PNuua be Ore. MARCIA A.CRONE- UNITED STATES DISTRICT JUDGE

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