v. Goings et al

Filing 9

MEMORANDUM ORDER partially adopting the magistrate judge's 6 Report and Recommendations. Plaintiff's motion for voluntary dismissal is hereby granted. The report of the magistrate judge is partially adopted w/ regards to dismissing this action. Signed by Judge Thad Heartfield on 10/13/09. (bjc, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION TIMOTHY LEE ROBERTS VS. REGINALD GOINGS CIVIL ACTION NO. 1:09cv560 MEMORANDUM ORDER PARTIALLY ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Plaintiff Timothy Lee Roberts, proceeding pro se, filed the above-styled action. The court heretofore 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. and Recommendation The magistrate judge has submitted a Report of United States Magistrate Judge. The magistrate judge recommends this action be dismissed for want of prosecution. The court has received and considered the Report and Recommendation of United States Magistrate Judge, along with the record, pleadings and all available evidence. However, plaintiff subsequently filed a motion requesting that this action be dismissed. Plaintiff is entitled to voluntarily dismiss his claims in this case prior to the service of any adverse parties. FED. R. CIV. P. 41(a)(1). ORDER Accordingly, plaintiff's motion for voluntary dismissal is hereby GRANTED. The report of the magistrate judge is partially A final judgment ADOPTED with regards to dismissing this action. will be entered dismissing this case without prejudice pursuant to Rule 41(a)(1). SIGNED this the 13 day of October, 2009. ____________________________ Thad Heartfield United States District Judge 2

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