Chapa v. Livingston et al

Filing 43

MEMRANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that this civil rights action be dismissed for failure to state a claim upon which relief may be granted. Signed by Judge Marcia A. Crone on 3/24/11. (mrp, )

Chapa v. Livingston et al

Doc. 43

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TEXAS

DEXTER LEON CHAPA, Plaintiff, versus BRAD LIVINGSTON, et al., Defendants.

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CIVIL ACTION NO. 1:09-CV-398

MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Plaintiff Dexter Leon Chapa, a prisoner previously confined at the Larry Gist State Jail, proceeding pro se and in forma pauperis, brought this civil rights action pursuant to 42 U.S.C. § 1983 against Brad Livingston and Reginald Goings. The court ordered that this matter be referred 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 dismissing the civil rights action 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, pleadings and all available evidence. No objections to the Report and Recommendation of United States Magistrate Judge were filed by the parties.

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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 24th day of March, 2011.

________________________________________ MARCIA A. CRONE UNITED STATES DISTRICT JUDGE

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