McFerrin v. Pinkee et al

Filing 18

MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that Defendants' Motion to Dismiss 14 be granted. Signed by District Judge Marcia A. Crone on 1/10/20. (mrp, )

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UNITED STATES DISTRICT COURT ERVIN LEE MCFERRIN, Plaintiff, versus PINKEE PATEL, et al., Defendants. EASTERN DISTRICT OF TEXAS § § § § § § § § § CIVIL ACTION NO. 1:16-CV-450 MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Plaintiff, Ervin Lee McFerrin, an inmate formerly confined at the Mark Stiles Unit, with the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 against defendants Pinkee Patel, Jeanne Bellanger, Mark Barber, Emma Glenn and Brendan Dunlap. 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 granting Defendants’ Motion to Dismiss (docket entry no. 14). 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. 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 this case in accordance with the Magistrate Judge’s recommendations. SIGNED at Beaumont, Texas, this 10th day of January, 2020. ________________________________________ MARCIA A. CRONE UNITED STATES DISTRICT JUDGE 2

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