Vallair v. Wood et al

Filing 37

MEMORANDUM ORDER adopting 35 Report and Recommendation. Signed by Judge Ron Clark on 9/23/11. (tkd, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION JOHN A. VALLAIR, III § VS. § MITCH WOOD, ET AL. § CIVIL ACTION NO. 1:08-CV-388 MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Plaintiff John A. Vallair, a prisoner currently confined at the McConnell Unit of the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. § 1983 against Mitch Wood, Dr. Hayes, Officer Vega, Lieutenant Mintor, Captain Dubuis, and Lieutenant Mills. 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 has submitted a Report and Recommendation of United States Magistrate Judge. The Magistrate Judge recommends dismissing the case 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 23 day of September, 2011. ___________________________________ Ron Clark, United States District Judge 2

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