Jones v. Fox et al

Filing 57

MEMORANDUM ORDER adopting the magistrate judge's 56 Report and Recommendation. Ordered that defendants' motion to dismiss is granted. Signed by District Judge Michael J. Truncale on 6/8/2021. (bjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
ELIJAH JONES, JR.

§

VS.

§

JOHN B. FOX, ET AL.

§

CIVIL ACTION NO. 1:13cv174

MEMORANDUM ORDER ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Elijah Jones, Jr., an inmate at the Federal Correctional Complex in Beaumont,
Texas, proceeding pro se and in forma pauperis, brought the above-styled lawsuit.
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 granting the defendants’ motion to dismiss and dismissing this
action without 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. A copy of the report and recommendation was mailed to plaintiff at the address he
provided to the court. No objections to the Report and Recommendation of United States Magistrate
Judge have been filed.
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. It is

ORDERED that the defendants’ motion to dismiss is GRANTED. A final judgment will
be entered in this case in accordance with the magistrate judge’s recommendations.
SIGNED this 8th day of June, 2021.

____________________________
Michael J. Truncale
United States District Judge

2