Baltrip v. Woods et al

Filing 40

MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that the defendants' motion to dismiss be granted. Signed by Judge Marcia A. Crone on 3/15/16. (mrp, )

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TEXAS

HERBERT BALTRIP, JR.,

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Plaintiff,
versus
MITCH WOODS, et al.,
Defendants.

CIVIL ACTION NO. 1:13-CV-121

MEMORANDUM ORDER ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Herbert Baltrip, Jr., proceeding pro se, brought this lawsuit pursuant to 42 U.S.C.
§ 1983 against Mitch Woods, George Miller, and Jim Eiselstein.
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 the defendants’ motion to dismiss be granted. Accordingly,
this action should be dismissed with prejudice.
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.

Signed this date.
Mar 15, 2016