Banks v. Woods et al

Filing 52

MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that the defendants' motion to dismiss be granted. Signed by Judge Marcia A. Crone on 9/8/09. (mrp, )

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS JERRY BANKS, Plaintiff, versus SHERIFF MITCH WOODS, et al., Defendants. CIVIL ACTION NO. 1:06-CV-704 MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Plaintiff Jerry Banks, formerly an inmate confined at the Jefferson County Correctional Facility, proceeding pro se, brought this lawsuit pursuant to 42 U.S.C. 1983. The court 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. The Magistrate Judge recommends that the defendants' motion to dismiss be granted. The court has received and considered the Report and Recommendation of United States Magistrate Judge filed pursuant to such referral, along with the record, pleadings and all available evidence. No objections to the Report and Recommendation of United States Magistrate Judge were filed by the parties. 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. It is therefore ORDERED that the defendants' motion to dismiss is GRANTED. This action is dismissed for want of prosecution. A final judgment will be entered in this case in accordance with the .Magistrate Judge's recommendation. SIGNED at Beaumont, Texas, this 7th day of September, 2004. SIGNED at Sherman, Texas, this 8th day of September, 2009. ________________________________________ MARCIA A. CRONE UNITED STATES DISTRICT JUDGE 2

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