Forth v. Graves et al

Filing 23

ORDER adopting the magistrate judge's 17 Report and Recommendation. Signed by Judge Ron Clark on 11/21/2014. (bjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
TERRELL FORTH

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VS.

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OFFICER GRAVES, ET AL.

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CIVIL ACTION NO. 1:14cv184

ORDER ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Terrell Forth, an inmate formerly at the Federal Correctional Complex in Beaumont,
Texas, proceeding pro se, brought the above-styled lawsuit against prison officials.
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 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 and pleadings. No objections
to the Report and Recommendation of United States Magistrate Judge were filed by the parties.1
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 recommendations.
So ORDERED and SIGNED this 21 day of November, 2014.

___________________________________
Ron Clark, United States District Judge

1

Plaintiff filed objections to the report on November 5, 2014. However, on November 17, 2014, plaintiff filed
a subsequent motion to dismiss (docket entry no. 22). Plaintiff is entitled to dismiss his action without court order pursuant
to FED. R. CIV. P. 41(a)(1). Accordingly, plaintiff’s objections are deemed withdrawn or, alternatively, the action is dismissed
by the Court based on plaintiff’s most recent motion.