Buchanan v. University of Texas Medical et al

Filing 27

MEMORANDUM ORDER adopting 26 Report and Recommendation and granting 18 Motion to Dismiss. The claim against University of Texas Medical Branch is dismissed without prejudice for lack of jurisdiction. Signed by District Judge Marcia A. Crone on 1/14/19. (tkd, )

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TEXAS

EARL BUCHANAN,

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Plaintiff,
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versus
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UNIV. OF TEX. MEDICAL BRANCH, et al.,
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Defendants.
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CIVIL ACTION NO. 1:17-CV-76

MEMORANDUM ORDER ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Earl Buchanan, proceeding pro se, filed this lawsuit against several defendants,
including the University of Texas Medical Branch (“UTMB”). The court previously 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.
UTMB has filed a motion asking that the claim against it be dismissed for lack of
jurisdiction. The magistrate judge has submitted a Report and Recommendation of United States
Magistrate Judge recommending 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.

UTMB’s motion to dismiss is

GRANTED and the claim against UTMB is DISMISSED without prejudice for lack of
jurisdiction.
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SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Beaumont, Texas, this 14th day of January, 2019.

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MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE