McClain v. Livingston et al

Filing 8

MEMORANDUM ORDER adopting the magistrate judge's 6 Report and Recommendation. Signed by Judge Thad Heartfield on 7/15/09. (bjc, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION JAMES MCCLAIN VS. BRAD LIVINGSTON, ET AL. CIVIL ACTION NO. 1:09-CV-395 MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Plaintiff James McClain, a prisoner confined at the Larry Gist State Jail, proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. 1983 against Brad Livingston and Warden R. Goings. 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 as repetitious. The court has received and considered the Report and Recommendation of United States Magistrate Judge filed pursuant to such order, 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 this the 15 day of July, 2009. ____________________________ Thad Heartfield United States District Judge 2

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