Ford v. Sam et al

Filing 37

MEMORANDUM ORDER adopting the magistrate judge's for 23 Report and Recommendation. The motion to dismiss is granted. All claims except for: (a) a claim that defendant E Sam used excessive force and (b) claims that defendant Breaux denied plaintiff property, denied him access to the courts, retaliated against him and destroyed or stole his property are dismissed without prejudice pursuant to FRCP 41(a). Signed by Judge Marcia A. Crone on 9/12/2017. (bjc, )

UNITED STATES DISTRICT COURT
RICKY DALE FORD,
Plaintiff,
versus
E. SAM, et al.,
Defendants.

EASTERN DISTRICT OF TEXAS
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CIVIL ACTION NO. 1:16-CV-129

MEMORANDUM ORDER ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Ricky Dale Ford, proceeding pro se, filed this civil rights lawsuit pursuant to 42
U.S.C. § 1983. The court previously 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.
Plaintiff has filed a motion seeking to dismiss all causes of action against all defendants
except for: (a) a claim that defendant Sam used excessive force against him and (b) claims that
defendant Breaux denied him property, denied him access to the courts, retaliated against him and
destroyed or stole his property. The magistrate judge has submitted a Report and Recommendation
of United States Magistrate Judge concerning the motion. The magistrate judge recommends the
motion be granted.
The court has received the Report and Recommendation, along with the record, pleadings,
and all available evidence. No objections were filed to the Report and Recommendation.
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. The motion to dismiss is
GRANTED. All claims except for: (a) a claim that defendant E. Sam used excessive force and
(b) claims that defendant Breaux denied plaintiff property, denied him access to the courts,

retaliated against him and destroyed or stole his property are DISMISSED without prejudice
pursuant to .Federal Rule of Civil Procedure 41(a).
SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Plano, Texas, this 12th day of September, 2017.

________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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