Colone v. Woods et al

Filing 89

MEMORANDUM OPINION AND ORDER ADOPTING 84 85 86 Report and Recommendations. Signed by District Judge Marcia A. Crone on 3/23/21. (jmv, )

Case 1:16-cv-00113-MAC-ZJH Document 89 Filed 03/23/21 Page 1 of 2 PageID #: 436

UNITED STATES DISTRICT COURT

JOSEPH COLONE,
Plaintiff,
versus
MITCH WOODS, et al.,
Defendants.

EASTERN DISTRICT OF TEXAS

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CIVIL ACTION NO. 1:16-CV-113

MEMORANDUM OPINION AND ORDER
Plaintiff, Joseph Colone, a former pre-trial detainee at the Jefferson County Correctional
Facility, proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. § 1983 against
several 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 dismissing plaintiff’s claims against defendants Gallander,
Woods and Werner for failure to serve pursuant to Federal Rule of Civil Procedure 4(m) (docket
entry nos. 84 & 85) and granting defendants Cassidy, Eiselstein and Morris’ Motion to Dismiss
(docket entry no. 86).
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 have been filed to date.1

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Plaintiff received a copy of the Reports and Recommendations on February 25, 2021 (docket entry no. 87)
and on March 5, 2021 (docket entry no. 88).

Case 1:16-cv-00113-MAC-ZJH Document 89 Filed 03/23/21 Page 2 of 2 PageID #: 437

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
accordance with the recommendations of the Magistrate Judge.
SIGNED at Beaumont, Texas, this 23rd day of March, 2021.

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MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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