Murphy v. Smith et al

Filing 74

MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that the 64 Motion to Dismiss defendant Smith filed by Otheaner Murphy be granted. The claim against Joseph Smith is dismissed without prejudice pursuant to FRCP 41(a). Signed by Judge Marcia A. Crone on 2/3/14. (mrp, )

UNITED STATES DISTRICT COURT

OTHEANER MURPHY,
Plaintiff,
versus
JOSEPH SMITH, et al.,
Defendants.

EASTERN DISTRICT OF TEXAS

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CIVIL ACTION NO. 1:06-CV-269

MEMORANDUM ORDER ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Otheaner Murphy, an inmate confined within the Texas Department of Justice,
Correctional Institutions Division, proceeding pro se, filed this lawsuit against Joseph Smith, Tim
Lester and Wesley Freeman. The court previously referred this matter to the Honorable Keith F.
Giblin, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to
applicable laws and orders of this court.
Plaintiff has filed a motion asking that his claim against defendant Smith be voluntarily
dismissed. The magistrate judge has submitted a Report and Recommendation of United States
Magistrate Judge recommending the motion be granted.
The court has received the Report and Recommendation, along with the record, pleadings,
and all available evidence. No objections were filed to the Report and Recommendation.
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. Plaintiff’s motion to dismiss is

GRANTED. The claim against Joseph Smith is DISMISSED without prejudice pursuant to
Federal Rule of Civil Procedure 41(a).
.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.

SIGNED at Beaumont, Texas, this 3rd day of February, 2014.

________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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