Byrd v. Unknown Defendant
Filing
7
MEMORANDUM ORDER adopting the #5 Report and Recommendation. Signed by District Judge Michael J. Truncale on 1/18/23. (kcv, )
Case 1:22-cv-00568-MJT-ZJH Document 7 Filed 01/18/23 Page 1 of 2 PageID #: 11
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
DEMARIOL BYRD
§
VS.
§
UNKNOWN DEFENDANT
§
CIVIL ACTION NO. 1:22-CV-568
ORDER ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Plaintiff DeMariol Byrd, a prisoner confined at the United States Penitentiary in Beaumont,
Texas, proceeding pro se, filed this civil action pursuant to Bivens v. Six Unknown Agents of Federal
Bureau of Narcotics, 403 U.S. 388 (1971).
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-00568-MJT-ZJH Document 7 Filed 01/18/23 Page 2 of 2 PageID #: 12
ORDER
Accordingly, the findings of fact and conclusions of law of the magistrate judge are correct,
and the report of the magistrate judge [Dkt. 5] 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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