Nunn v. Martin

Filing 18

MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that this case be dismissed without prejudice as frivolous and for failure to state a claim upon which relief may be granted. Signed by Judge Marcia A. Crone on 12/14/11. (mrp, )

UNITED STATES DISTRICT COURT

TYRONE NUNN, SR.,
Plaintiff,
versus
M. MARTIN,
Defendant.

EASTERN DISTRICT OF TEXAS

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CIVIL ACTION NO. 1:11-CV-448

MEMORANDUM ORDER ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Tyrone Nunn, Sr., a prisoner confined at the Federal Correctional Institution in
Beaumont, Texas, proceeding pro se, brought this civil rights action pursuant to Bivens v. Six
Unknown Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971), against Warden M.
Martin.
The court ordered that this matter be referred 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 dismissing the case without prejudice
pursuant to 28 U.S.C. § 1915(e) as frivolous and 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. 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 final judgment will be entered

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in this case in accordance with the magistrate judge’s recommendation.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Beaumont, Texas, this 14th day of December, 2011.

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MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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