Potts v. State of Texas et al

Filing 32

***VACATED PER ORDER DOCKET NO. 44, PLEASE IGNORE***ORDER adopting magistrate judge's 30 Report and Recommendation. It is further ordered that the reference to the magistrate judge is vacated. Signed by Judge Thad Heartfield on 9/26/08. (bjc, ) Modified on 11/5/2008 (dlc, ).

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION PATRICIA POTTS V. STATE OF TEXAS, ET AL. 1:07-CV-632 ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION The court referred this matter to the Honorable Earl S. Hines, United States magistrate judge, for pretrial proceedings pursuant to General Order 05-07. Judge Hines recused himself pursuant to 28 U.S.C. 455(b), and transferred the action to the Honorable Keith F. Giblin, United States magistrate judge, under General Order 07-03. The court has received and considered the report of the United States magistrate judge, who recommends that the court dismiss plaintiff's case as malicious and frivolous. The magistrate judge's report is hereby ADOPTED. The purpose of the referral having been served, it is further ORDERED that the reference to the magistrate judge is VACATED. SIGNED this the 26 day of September, 2008. ____________________________ Thad Heartfield United States District Judge

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