Dinovo v. Federal Bureau of Prisons et al

Filing 35

MEMORANDUM ORDER adopting 33 Report and Recommendation. Signed by Judge Ron Clark on 11/18/09. (tkd, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION RUSSELL DINOVO VS. FEDERAL BUREAU OF PRISONS, ET AL. § § § CIVIL ACTION NO. 1:07-CV-288

MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Plaintiff Russell Dinovo, a prisoner confined at the United States Penitentiary in Beaumont, Texas, proceeding pro se and in forma pauperis, filed this civil rights action pursuant to Bivens v. Six Unknown Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971), against the Federal Bureau of Prisons, Warden T. C. Outlaw, Dr. A. Villasan, Nurse M. Ross, National Appeals Coordinator Harrell Watts, Medical Administrator Pizzaro, Dr. Soloway, and unidentified defendants. The court ordered that this matter be referred 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 dismissing the action pursuant to 28 U.S.C. § 1915(e) as frivolous and for failure to state a claim upon which relief may be granted. The court has received and considered the Report and Recommendation of United States Magistrate Judge filed pursuant to such order, along with the record and pleadings. 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. A final judgment will be entered in this case in accordance with the magistrate judge's recommendation.
So ORDERED and SIGNED this 18 day of November, 2009.

___________________________________ Ron Clark, United States District Judge

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