Smiley v. Rogers et al

Filing 5

MEMORANDUM ORDER adoopting the magistrate judge's 3 Report and Recommendation. Signed by Judge Thad Heartfield on 4/2/2013. (bjc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
JIMMY DEE SMILEY

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VS.

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FEDERAL BUREAU OF PRISONS, ET AL.

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CIVIL ACTION NO. 1:12cv497

MEMORANDUM ORDER ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Jimmy Dee Smiley, an inmate at the Federal Correctional Institution in Mendota,
California, proceeding pro se, brought the above-styled action.
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 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. 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 in this case
in accordance with the magistrate judge’s recommendation of dismissal.
SIGNED this the 2 day of April, 2013.

____________________________
Thad Heartfield
United States District Judge