Wimberly v. United States of America

Filing 11

MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATION that this action be dismissed without prejudice. Signed by Judge Marcia A. Crone on 12/28/16. (mrp, )

UNITED STATES DISTRICT COURT

JEREMY WIMBERLY,
Petitioner,
versus
UNITED STATES OF AMERICA,
Respondent.

EASTERN DISTRICT OF TEXAS

§
§
§
§
§
§
§
§
§

CIVIL ACTION NO. 1:16-CV-428

MEMORANDUM ORDER ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Petitioner Jeremy Wimberly, a prisoner previously confined at the United States
Penitentiary in Beaumont, Texas, proceeding pro se, filed this motion for relief from judgment
pursuant to Federal Rule of Civil Procedure 60(b).
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 (#7) is ADOPTED. Plaintiff’s motion to dismiss

(#6) 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 28th day of December, 2016.

________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

2