Morin v. Lara et al

Filing 25

MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION granting defendant Lara's motion to dismiss the claims against him for insufficient service of process. Signed by Judge Marcia A. Crone on 2/3/17. (mrp, )

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UNITED STATES DISTRICT COURT RICHARD MORIN, Plaintiff, versus FRANK LARA, et al., Defendants. EASTERN DISTRICT OF TEXAS § § § § § § § § § § CIVIL ACTION NO. 1:15-CV-475 MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Plaintiff Richard Morin, a prisoner confined at the United States Penitentiary in Beaumont, Texas, proceeding pro se and in forma pauperis, brought this civil rights action pursuant to 42 U.S.C. § 1983 and Bivens v. Six Unknown Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971), against Frank Lara, Dr. Harmush, and Dr. Polavarapu. 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 defendant Lara’s motion to dismiss the claims against him for insufficient service of process. 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. ORDER Accordingly, the findings of fact and conclusions of law of the magistrate judge are correct, and the report of the magistrate judge (#24) is ADOPTED. Defendant Lara’s motion to dismiss (#22) is GRANTED. A partial 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 Sherman, Texas, this 3rd day of February, 2017. ________________________________________ MARCIA A. CRONE UNITED STATES DISTRICT JUDGE 2

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