Randle v. Alford et al

Filing 29

MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that defendant's motion to dismiss the claims against him in his official capacity is granted. In all other respects, defendant's motion to dismiss for failure to state a claim is denied. Defendant's motion for a Rule 7 reply is granted. Signed by Judge Marcia A. Crone on 3/2/11. (mrp, )

-ESH Randle v. Alford et al

Doc. 29

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TEXAS

EMMANUEL RANDLE, Plaintiff, versus WARDEN ALFORD, Defendant.

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CIVIL ACTION NO. 1:09-CV-166

MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Plaintiff Emmanuel Randle, proceeding pro se, filed this lawsuit pursuant to 42 U.S.C. § 1983. The court previously 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 has submitted a Report and Recommendation of United States Magistrate Judge. The magistrate judge recommends granting defendant's motion to dismiss the claims against him in his official capacity; denying the remainder of defendant's motion to dismiss for failure to state a claim upon which relief may be granted; and granting defendant's motion for a Rule 7 reply. The court has received the Report and Recommendation, along with the record, pleadings, and all available evidence. No objections were filed to the Report and Recommendation. 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. Defendant's motion to dismiss the

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claims against him in his official capacity is GRANTED. In all other respects, defendant's motion to dismiss for failure to state a claim is DENIED. Defendant's motion for a Rule 7 reply is GRANTED. A separate order shall be entered directing plaintiff to file a Rule 7(a) reply. . SIGNED at Beaumont, Texas, this 7th day of September, 2004.

SIGNED at Beaumont, Texas, this 2nd day of March, 2011.

________________________________________ MARCIA A. CRONE UNITED STATES DISTRICT JUDGE

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