Webb v. Livingston et al

Filing 21

MEMORANDUM ORDER partially adopting 18 Report and Recommendation to the extent that it recommends dismissal of this action. Signed by Judge Ron Clark on 3/25/10. (tkd, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION DAVID WEBB VS. BRAD LIVINGSTON, ET AL. § § § CIVIL ACTION NO. 1:09-CV-738

MEMORANDUM ORDER PARTIALLY ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Plaintiff David Webb, a prisoner confined at the Larry Gist State Jail, proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 against Brad Livingston and R. Goings. 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 granting defendants' motion for failure 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 order, along with the record, pleadings and all available evidence. Plaintiff did not object to the Report and Recommendation, but he filed a motion to dismiss the action voluntarily. After due consideration, the court is of the opinion that plaintiff's motion should be granted, and the case should be dismissed pursuant to Federal Rule of Civil Procedure 41(a).

ORDER Accordingly, plaintiff's motion 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 25 day of March, 2010.

___________________________________ Ron Clark, United States District Judge

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