Armour v. Fox et al

Filing 47

ORDER adopting the magistrate judge's 32 Report and Recommendation. The motion to dismiss filed by defendants Fox, Maldonado and Watts is granted. Signed by Judge Thad Heartfield on 7/17/2013. (bjc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
CHARLES W. ARMOUR

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VS.

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JOHN B. FOX, ET AL.

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CIVIL ACTION NO. 1:10cv316

ORDER ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Charles W. Armour, proceeding pro se, filed the above-styled civil rights lawsuit. The
court referred this matter to the Honorable Zack Hawthorn, United States Magistrate Judge, for
consideration pursuant to applicable orders of this court.
Defendants Fox, Maldonado and Watts have filed a joint motion to dismiss, The
Magistrate Judge has submitted a Report and Recommendation of United States Magistrate
Judge recommending the motion be granted.
The court has received and considered the Report and Recommendation of United States
Magistrate Judge. No objections to the Report and Recommendation were filed.1
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.

The motion to dismiss filed by

defendants Fox, Maldonado and Watts is GRANTED.

1

The recommendation of the magistrate judge was based, in part, on the conclusion that plaintiff had failed
to state a claim upon which relief may be granted against defendants Fox, Maldonado and W atts. The court notes
that after the Report and Recommendation was submitted, plaintiff filed an amended complaint. The additional
allegations set forth in the amended complaint do not demonstrate plaintiff has stated a claim upon which relief may
be granted against the three defendants named above.

SIGNED this the 17 day of July, 2013.

____________________________
Thad Heartfield
United States District Judge