Shephard v. Goings et al

Filing 8

MEMORANDUM ORDER PARTIALLY ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that this action be dismissed without prejudice for failing to state a claim upon which relief may be granted. Pursuant to FRCP 41(a), plaintiff is entitled to dismiss the action prior to service of an answer or a motion for summary judgment. Plaintiff's motion to dismiss should be granted. Signed by Judge Marcia A. Crone on 2/6/10. (mrp, )

UNITED STATES DISTRICT COURT LONELL SHEPHARD, Plaintiff, versus REGINALD GOINGS, et al., Defendants. § § § § § § § § §

EASTERN DISTRICT OF TEXAS

CIVIL ACTION NO. 1:09-CV-554

MEMORANDUM ORDER PARTIALLY ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Plaintiff Lonell Shephard, an inmate formerly confined at the Gist State Jail, proceeding pro se, brought this lawsuit pursuant to 42 U.S.C. § 1983. The court referred this matter 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 recommends this action be dismissed without prejudice for failing 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 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. However, plaintiff did file a motion to dismiss the case. Pursuant to Federal Rule of Civil Procedure 41(a), plaintiff is entitled to dismiss the action prior to the service of an answer or a motion for summary judgment. As of this date, the defendants have not been served. Accordingly, plaintiff's motion to dismiss should be granted. 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 to the extent it recommends dismissal without prejudice. 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 6th day of February, 2010.

________________________________________ MARCIA A. CRONE UNITED STATES DISTRICT JUDGE

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