Coleman v. Fox et al

Filing 63

ORDER partially adopting the magistrate judge's 58 Report and Recommendation. Signed by District Judge Thad Heartfield on 10/24/2017. (bjc)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION EDWARD HENRY COLEMAN § VS. § JOHN B. FOX, et al., § CIVIL ACTION NO. 1:14-CV-672 ORDER PARTIALLY ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Plaintiff, Edward Henry Coleman, an inmate formerly confined at USP Beaumont, proceeding pro se, filed a civil rights action pursuant to 42 U.S.C. § 1983 against numerous defendants. 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 plaintiff’s claims against defendants FNU Mendoza, J. Pina, FNU Rhodes, and W. Smith should be dismissed without prejudice for failure to serve within 120 days pursuant to Federal Rule of Civil Procedure 4(m). The Court has received and considered the Report and Recommendation of United States Magistrate Judge filed pursuant to such order, along with the record, and pleadings. No objections to the Report and Recommendation of United States Magistrate Judge were filed by the parties. SIGNED this the 24 day of October, 2017. ____________________________ Thad Heartfield United States District Judge 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 partial judgment will be entered in this case in accordance with the Magistrate Judge’s recommendations. 2

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