Randle v. Schuyler et al

Filing 12

MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that plaintiff's motion to dismiss # 9 is granted. Signed by Judge Marcia A. Crone on 11/29/16. (mrp, )

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UNITED STATES DISTRICT COURT WILLIE RANDLE, Plaintiff, versus LEVIAS SCHUYLER, et al., Defendants. EASTERN DISTRICT OF TEXAS § § § § § § § § § CIVIL ACTION NO. 1:16-CV-278 MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Plaintiff Willie Randle, 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 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 the action without prejudice pursuant to Federal Rule of Civil Procedure 41(a). 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 (#10) is ADOPTED. Plaintiff’s motion to dismiss (#9) is 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 29th day of November, 2016. ________________________________________ MARCIA A. CRONE UNITED STATES DISTRICT JUDGE 2

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