Richard v. Kelly

Filing 302

MEMORANDUM ORDER partially adopting 299 Report and Recommendation to the extent that it recommends dismissal. Signed by District Judge Marcia A. Crone on 7/29/19. (tkd, )

UNITED STATES DISTRICT COURT
LARRY WAYNE RICHARD,
Plaintiff,
versus
DONALD R. KELLY, et al.,
Defendants.

EASTERN DISTRICT OF TEXAS
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CIVIL ACTION NO. 1:12-CV-294

MEMORANDUM ORDER PARTIALLY ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Larry Wayne Richard, an inmate formerly confined at the Stiles Unit in Beaumont,
Texas, proceeding pro se, brought this lawsuit pursuant to 42 U.S.C. § 1983.
The court referred this matter to the Honorable Zack Hawthorn, United States Magistrate
Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court.
The Magistrate Judge recommends this action be dismissed.
The court has received and considered the Report and Recommendation of United States
Magistrate Judge filed pursuant to such referral, along with the record, pleadings and all available
evidence. Plaintiff filed objections to the magistrate judge’s Report and Recommendation. This
requires a de novo review of the objections in relation to the pleadings and the applicable law. See
FED. R. CIV. P. 72(b).
Plaintiff filed a notice to the court in which he stated he has no objection to the dismissal
of this action. However, plaintiff did not agree with the factual background of the case as set forth
in the report. Plaintiff’s objections are not pertinent to the dismissal of this action. After careful
consideration, the court concludes the Report should be adopted to the extent it recommended the
dismissal of this action.

ORDER
Accordingly, the report of the magistrate judge is ADOPTED to the extent it recommended
dismissal. A final judgment will be entered in this case in accordance with the magistrate judge’s
recommendation.
SIGNED at Beaumont, Texas, this 29th day of July, 2019.

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MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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