Burns v. Stephens et al

Filing 5

ORDER ADOPTING 4 Report and Recommendations recommending that this action ( 2 Complaint) should be dismissed without prejudice for want of prosecution pursuant to Federal Rule of Civil Procedure 41(b). Signed by District Judge Michael J. Truncale on 01/18/2023. (bmf, )

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Case 1:22-cv-00522-MJT-ZJH Document 5 Filed 01/18/23 Page 1 of 2 PageID #: 24 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION WILLIAM BURNS § VS. § ZENA STEPHENS, ET AL. § CIVIL ACTION NO. 1:22-CV-522 ORDER ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Plaintiff William Burns, a prisoner confined at the Jefferson County Correctional Facility, proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. § 1983 against Zena Stephens, Chief Shawnburger, and Major Guillory. 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 has submitted a Report and Recommendation of United States Magistrate Judge. The magistrate judge recommends dismissing the action without prejudice for want of prosecution pursuant to Federal Rule of Civil Procedure 41(b). The Court has received and considered the Report and Recommendation of United States Magistrate Judge filed pursuant to such order, along with the record and the pleadings. Proper notice was given to Plaintiff at his last known address. See FED. R. CIV. P. 5(b)(2)(c). No objections to the Report and Recommendation of United States Magistrate Judge were filed by the parties. Case 1:22-cv-00522-MJT-ZJH Document 5 Filed 01/18/23 Page 2 of 2 PageID #: 25 ORDER Accordingly, the findings of fact and conclusions of law of the magistrate judge are correct, and the report of the magistrate judge [Dkt. 4] is ADOPTED. A final judgment will be entered in this case in accordance with the magistrate judge’s recommendation. SIGNED this 18th day of January, 2023. ____________________________ Michael J. Truncale United States District Judge 2

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