Sorrells v. Goings et al

Filing 11

MEMORANDUM ORDER partially adopting 7 Report and Recommendation to the extent that it recommends dismissing this action. Pltf's request to dismiss this case is granted. Signed by Judge Ron Clark on 9/30/09. (tkd, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION DERRICK LYNN SORRELLS VS. REGINALD GOINGS, ET AL. § § § CIVIL ACTION NO. 1:09-CV-562

MEMORANDUM ORDER PARTIALLY ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Plaintiff Derrick Lynn Sorrells, 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 Reginald Goings, Brian Rodeen, and Brad Livingston. 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 has filed a Report and Recommendation of United States Magistrate Judge. The magistrate judge recommends dismissing the action as repetitious of a pending case. 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. Plaintiff filed a response to the report and recommendation in which he requests to dismiss the action voluntarily. After due consideration, the court is of the opinion that plaintiff's request to dismiss should be granted, and the case should be dismissed pursuant to Federal Rule of Civil Procedure 41(a)(1).

ORDER Accordingly, plaintiff's request to dismiss the case is GRANTED. The report of the magistrate judge is partially ADOPTED to the extent it recommends dismissing the action. A final judgment will be entered dismissing the action without prejudice in accordance with this Memorandum Order.

So ORDERED and SIGNED this 30 day of September, 2009.

___________________________________ Ron Clark, United States District Judge

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