Merryman v. Collier et al

Filing 23

ORDER ADOPTING 21 Report and Recommendation. A final judgment will be entered in accordance with the magistrate judge's recommendation. Signed by District Judge Marcia A. Crone on 6/4/2024. (KMH)

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UNITED STATES DISTRICT COURT BRUCE R. MERRYMAN, Plaintiff, versus BRYAN COLLIER, et al., Defendants. EASTERN DISTRICT OF TEXAS § § § § § § § § § CIVIL ACTION NO. 1:22-CV-105 ORDER ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Plaintiff Bruce R. Merryman, a prisoner confined at the LeBlanc Unit of 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 Bryan Collier, Aaron Thompkins, and M. Sanders. 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. On April 30, 2024, the magistrate judge recommended dismissing the action pursuant to Federal Rule of Civil Procedure 41(a)(1). To date, the parties have not filed objections to the report and recommendation. The court received and considered the Report and Recommendation of United States Magistrate Judge pursuant to such referral, along with the record, pleadings and all available evidence. After careful review, the court finds that the findings of fact and conclusions of law of the United States Magistrate Judge are correct. Accordingly, the findings of fact and conclusions of law of the magistrate judge are correct, and the Report and Recommendation of United States Magistrate Judge (#21) is ADOPTED. A final judgment will be entered in accordance with the magistrate judge’s recommendation. SIGNED at Beaumont, Texas, this 4th day of June, 2024. ________________________________________ MARCIA A. CRONE UNITED STATES DISTRICT JUDGE 2

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