Ruffin v. Smith et al

Filing 32

MEMORANDUM ORDER adopting the magistrate judge's 30 Report and Recommendation. Signed by Judge Thad Heartfield on 5/24/2010. (bjc, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION GILPATRICK RUFFIN VS. JOSEPH SMITH, ET AL. § § § CIVIL ACTION NO. 1:08cv564

MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Plaintiff Gilpatrick Ruffin, an inmate at the Ferguson Unit, proceeding pro se, brought the above-styled lawsuit. The court referred this matter to the Honorable Earl S. Hines, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The magistrate judge recommends this action be dismissed without prejudice. 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. Plaintiff may reinstate this action on the court's active docket by filing a notice of his intent to prosecute the action within thirty (30) days from the date of dismissal. A final judgment will be entered in this case in accordance with the magistrate judge's recommendations.

SIGNED this the 24 day of May, 2010.

____________________________ Thad Heartfield United States District Judge

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