Wise v. Lappin et al

Filing 35

ORDER adopting 31 Report and Recommendation. Deft Womble's 14 Motion to Dismiss is granted with respect to the claim against him in his official capacity and denied with respect to the claim against him in his individual capacity. Signed by Judge Ron Clark on 3/21/13. (tkd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
TIMOTHY SCOTT WISE

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VS.

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HARLEY G. LAPPIN, ET AL.

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CIVIL ACTION NO. 1:11cv148

ORDER ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Timothy Scott Wise, 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 28 U.S.C. § 636 and applicable orders of this court.
Defendant Womble has filed a motion to dismiss (doc. no. 14). The Magistrate Judge has
submitted a Report and Recommendation of United States Magistrate Judge recommending that
the motion be granted with respect to the claim asserted against defendant Womble in his official
capacity and denied with respect to the claim asserted against him in his individual capacity.
The court has received and considered the Report and Recommendation of United States
Magistrate Judge, along with the record and pleadings. No objections were filed to the Report
and Recommendation.
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. Defendant Womble’s motion to
dismiss is GRANTED with respect to the claim asserted against him in his official capacity and
DENIED with respect to the claim asserted against him in his individual capacity.

So ORDERED and SIGNED this 21 day of March, 2013.

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Ron Clark, United States District Judge