Thomas v. University of Texas Medical Branch (Galveston) et al

Filing 13

MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that this action be dismissed without prejudice. Signed by Judge Marcia A. Crone on 6/8/17. (mrp, )

UNITED STATES DISTRICT COURT
JONATHAN RODERICK THOMAS,
Plaintiff,
versus
MARICIA R. JACKSON, et al.,
Defendants.

EASTERN DISTRICT OF TEXAS
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CIVIL ACTION NO. 1:17-CV-167

MEMORANDUM ORDER ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Jonathan Roderick Thomas, an inmate confined at the Hightower Unit, proceeding
pro se, brought this lawsuit pursuant to 42 U.S.C. § 1983.
The court 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.
The Magistrate Judge recommends this action be dismissed without prejudice.
The court has received and considered the Report and Recommendation of United States
Magistrate Judge filed pursuant to such referral, 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.
Plaintiff, however, filed a motion to dismiss this action after the report was entered.
Plaintiff is permitted to dismiss his lawsuit without prejudice prior to service of an answer or
motion for summary judgment. FED. R. CIV. P. 41(a)(i). As the defendants have neither filed an
answer nor motion for summary judgment, plaintiff’s motion to dismiss is granted. Accordingly,
the report will be adopted but only to the extent it recommended dismissal without prejudice.
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 to the extent it recommended

dismissal without prejudice. A final judgment will be entered in this case in accordance with the
Magistrate Judge’s recommendation.
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SIGNED at Beaumont, Texas, this 7th day of September, 2004.

SIGNED at Beaumont, Texas, this 8th day of June, 2017.

________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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