Brown v. Martin

Filing 8

MEMORANDUM ORDER PARTIALLY ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION to the extent it recommends this lawsuit be dismissed. Signed by Judge Marcia A. Crone on 1/3/12. (mrp, )

UNITED STATES DISTRICT COURT

LEWIS BROWN,
Plaintiff,
versus
MARK MARTIN,
Defendant.

EASTERN DISTRICT OF TEXAS

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CIVIL ACTION NO. 1:11-CV-466

MEMORANDUM ORDER PARTIALLY ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Lewis Brown, proceeding pro se, filed the above-styled civil rights lawsuit. 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 has submitted a Report and Recommendation of United States Magistrate Judge
recommending this lawsuit dismissed as frivolous and for failure to state a claim upon which relief
may be granted.
The court has received the Report and Recommendation of United States Magistrate Judge,
along with the record, pleadings, and all available evidence. No objections were filed to the
magistrate judge’s Report and Recommendation.
However, plaintiff subsequently filed a motion asking that this action be dismissed.
Pursuant to Federal Rule of Civil Procedure 41(a)(1), plaintiff is entitled to dismiss his claims
prior to the service of any adverse parties.

ORDER
Accordingly, plaintiff’s motion to dismiss is GRANTED. The report of the magistrate
judge is PARTIALLY ADOPTED to the extent it recommends this lawsuit be dismissed. A final
judgment will be entered dismissing this lawsuit pursuant to Federal Rule of Civil Procedure
41(a)(1). .
SIGNED at Beaumont, Texas, this 7th day of September, 2004.

SIGNED at Beaumont, Texas, this 3rd day of January, 2012.

________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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