The 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