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ROBERT CALDWELL, #933046 v. DIRECTOR, TDCJ-CID.

ORDER ADOPTING REPORT AND RECOMMENDATION

MICHAEL SCHNEIDER, District Judge

The Court referred the above-entitled and numbered civil action to United States Magistrate Judge Judith K. Guthrie. The Magistrate Judge presented for consideration the Magistrate Judge's Report, containing proposed findings of fact and recommendations for disposition of Petitioner's motion for a default judgment because Respondent had not timely responded to the Petition. The Report and Recommendation states, "Respondent's failure to file a Response within the time limit does not constitute a showing that Petitioner received atypical punishment." Both Petitioner and Respondent filed objections.

This Court has reviewed the objections de novo and finds that Petitioner's objections lack merit. However, Respondent's objections correctly point out that he did timely file his Response.

This Court finds that the Magistrate Judge's findings and conclusions are correct and adopts them as the Court's findings and conclusions except the finding that Respondent's Response was not timely. The Court therefore

ORDERS that Petitioner's motion for a default judgment (docket #8) is DENIED.

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CALDWELL v. DIRECTOR, TDCJ-CID (E.D.Tex. 5-1-2009)
(May 1, 2009)