Quirk v. Woods et al

Filing 47

MEMORANDUM ORDER adopting 36 Report and Recommendation. Signed by Judge Ron Clark on 11/1/11. (tkd, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION JOSHUA M. QUIRK § VS. § MITCH WOODS, ET AL § CIVIL ACTION NO. 1:10CV68 MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Plaintiff, Joshua M. Quirk, an inmate formerly confined at the Jefferson County Correctional Facility in Beaumont, Texas, proceeding pro se and in forma pauperis, filed this civil rights action 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 the claims against defendants Cassidy and Theriot be dismissed as frivolous and for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. § 1915(e). The Court has received and considered the Report and Recommendation of United States Magistrate Judge filed pursuant to such order, along with the record, and pleadings. No objections to the Report and Recommendation of United States Magistrate Judge were filed by the parties. 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. A partial judgment will be entered in this case in accordance with the Magistrate Judge’s recommendations. So ORDERED and SIGNED this 1 day of November, 2011. ___________________________________ Ron Clark, United States District Judge 2

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