Richardson v. Goings et al

Filing 7

MEMORANDUM ORDER PARTIALLY ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that this lawsuit be dismissed for failure to state a claim upon which relief may be granted. Plaintiff's motion to dismiss is granted. Signed by Judge Marcia A. Crone on 9/3/09. (mrp, )

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS EVERETT RICHARDSON, Plaintiff, versus REGINALD GOINGS, Defendant. CIVIL ACTION NO. 1:09-CV-566 MEMORANDUM ORDER PARTIALLY ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Plaintiff Everett Richardson, proceeding pro se, filed the above-styled civil rights lawsuit. The court 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 recommending this lawsuit be dismissed for failure to state a claim upon which relief may be granted. 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. However, plaintiff subsequently filed a motion asking that this action be dismissed. Pursuant to Federal Rule of Civil Procedure 41(a)(1), plaintiff is entitled to dismiss his claims prior to the service of any adverse parties. ORDER Accordingly, plaintiff's motion to dismiss is GRANTED. The report of the magistrate judge is PARTIALLY ADOPTED to the extent it recommends this lawsuit be dismissed. A final judgment will be entered dismissing this lawsuit pursuant to Federal Rule of Civil Procedure 41(a)(1).. SIGNED at Beaumont, Texas, this 7th day of September, 2004. SIGNED at Beaumont, Texas, this 3rd day of September, 2009. ________________________________________ MARCIA A. CRONE UNITED STATES DISTRICT JUDGE 2

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