Esthay v. Barbara et al

Filing 34

MEMORANUDM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that the plaintiff's motion to dismiss the action without prejudice be granted. Signed by Judge Marcia A. Crone on 5/4/16. (mrp, )

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UNITED STATES DISTRICT COURT KIRT ALLEN ESTHAY, Plaintiff, versus MARK A. BARBER, et al., Defendants. EASTERN DISTRICT OF TEXAS § § § § § § § § § CIVIL ACTION NO. 1:15-CV-432 MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Plaintiff Kirt Allen Esthay, a prisoner confined at the Stiles Unit of the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, brought this civil rights action pursuant to 42 U.S.C. § 1983. 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 granting plaintiff’s motion to dismiss the action without prejudice. The court has received and considered the Report and Recommendation of United States Magistrate Judge filed pursuant to such order, 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. However, plaintiff has filed a second motion to dismiss the action. ORDER Accordingly, the findings of fact and conclusions of law of the magistrate judge are correct, and the report of the magistrate judge (#31) is ADOPTED. Plaintiff’s motions to dismiss the action (#30 and #32) are GRANTED. A final judgment will be entered in this case in accordance. with the magistrate judge’s recommendation. SIGNED at Beaumont, Texas, this 7th day of September, 2004. SIGNED at Beaumont, Texas, this 4th day of May, 2016. ________________________________________ MARCIA A. CRONE UNITED STATES DISTRICT JUDGE 2

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