Martinez v. Livingston et al

Filing 11

MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that this lawsuit be dismissed without prejudice for want of prosecution. Signed by Judge Marcia A. Crone on 8/3/09. (mrp, )

UNITED STATES DISTRICT COURT MARVIN A. MARTINEZ, Plaintiff, versus BRAD LIVINGSTON, Defendant. § § § § § § § § §

EASTERN DISTRICT OF TEXAS

CIVIL ACTION NO. 1:09-CV-399

MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Plaintiff Marvin A. Martinez, an inmate confined within the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, filed the above-styled civil rights lawsuit. 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 concerning this matter. The magistrate judge recommends this lawsuit be dismissed without prejudice for want of prosecution pursuant to Federal Rule of Civil Procedure 41(b). The court has received the Report and Recommendation of United States Magistrate Judge, along with the record, pleadings, and all available evidence. No objections were filed to the magistrate judge's 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. A final judgment will be entered dismissi. g this lawsuit. n SIGNED at Beaumont, Texas, this 7th day of September, 2004.

SIGNED at Beaumont, Texas, this 3rd day of August, 2009.

________________________________________ MARCIA A. CRONE UNITED STATES DISTRICT JUDGE

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