Smiley v. Alford et al

Filing 7

MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that this action be dismissed without prejudice. Signed by Judge Marcia A. Crone on 2/13/09. (mrp, )

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS KELVIN D. SMILEY, Plaintiff, versus WARDEN ALFORD, et al., Defendants. § § § § § § § § § CIVIL ACTION NO. 1:08-CV-751 MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Plaintiff Kelvin D. Smiley, an inmate confined at the LeBlanc Unit, proceeding pro se, brought this lawsuit pursuant to 42 U.S.C. § 1983. 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. 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 Beaumont, Texas, this 13th day of February, 2009. ________________________________________ MARCIA A. CRONE UNITED STATES DISTRICT JUDGE 2

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