Mattox v. Allen

Filing 8

MEMORANDUM ORDER PARTIALLY ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that this lawsuit be dismissed for failure to state a claim upon which relief may be granted. Signed by Judge Marcia A. Crone on 8/24/16. (mrp, )

UNITED STATES DISTRICT COURT

MICHAEL MATTOX,
Plaintiff,
versus
BREE ALLEN,
Defendant.

EASTERN DISTRICT OF TEXAS

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CIVIL ACTION NO. 1:16-CV-73

MEMORANDUM ORDER PARTIALLY ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Michael Mattox, an inmate confined within the Texas Department of Criminal
Justice, Correctional Institutions Division, proceeding pro se, filed the above-styled lawsuit
pursuant to 42 U.S.C. § 1983.
The court previously 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 has submitted a Report and Recommendation of United States
Magistrate Judge concerning this matter. The magistrate judge recommends this lawsuit be
dismissed for failure to state a claim upon which relief may be granted. However, plaintiff
subsequently filed a motion requesting that this action be dismissed. Pursuant to Federal Rule of
Civil Procedure 41(a), plaintiff is entitled to voluntarily dismiss his claims prior to the service of
any adverse parties.

ORDER
Accordingly, plaintiff’s motion to dismiss is GRANTED. The report of the magistrate
judge is ADOPTED to the extent it recommends dismissal of this action. A final judgment shall
be entered dismissing this lawsuit.

Signed this date.
Aug 24, 2016

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