Smith v. Burger King et al

Filing 37

ORDER adopting 36 Report and Recommendation. Signed by District Judge Michael J. Truncale on 5/18/23. (tkd, )

Case 1:22-cv-00295-MJT-CLS Document 37 Filed 05/18/23 Page 1 of 1 PageID #: 193

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
BRIAN CHRISTOPHER SMITH,
Plaintiff,
v.
BURGER KING CORPORATION,
Defendant.

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CIVIL ACTION NO. 1:22-CV-295-MJT-CLS

ORDER ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Brian Christopher Smith, proceeding pro se since January 24, 2023, brought this
lawsuit alleging claims under the Americans with Disabilities Act, severed from Civil Action No.
1:19-CV-615. The Court referred this matter to the Honorable Christine L. Stetson, United States
Magistrate Judge, for consideration pursuant to applicable laws and orders of this Court. On April
24, 2023, the magistrate judge entered a Report and Recommendation [Dkt. 36] in which she
recommended that this case be dismissed without prejudice pursuant to Rule 41(b) of the Federal
Rules of Civil Procedure. To date, no objections have been filed.
The Court received and considered the Report and Recommendation of the 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 Report and Recommendation of the United States Magistrate Judge
[Dkt. 36] is ADOPTED. It is ORDERED that this case is DISMISSED WITHOUT PREJUDICE.
SIGNED this 18th day of May, 2023.

____________________________
Michael J. Truncale
United States District Judge