Delmast v. Cardenas et al
ORDER ADOPTING REPORT AND RECOMMENDATIONS granting 152 Motion for Summary Judgment. ORDERED that Plaintiffs complaint is DISMISSED WITH PREJUDICE as frivolous. ORDERED that, in light of the fact that all other Defendants have previously beendismissed, this case be CLOSED. ORDERED that all motions not previously ruled upon are hereby DENIED. It is finally ORDERED that each party is to bear his own costs. Signed by Judge Richard A. Schell on 6/29/2011. (pad, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SAMUEL DEWAYNE DELMAST, #1589085 §
ALFONSO CARDENAS, ET AL.
CIVIL ACTION NO. 4:09cv629
ORDER ADOPTING REPORT AND RECOMMENDATION
The above-entitled and numbered civil action was heretofore referred to United States
Magistrate Judge Don D. Bush. The Report of the Magistrate Judge, which contains proposed
findings of fact and recommendations for the disposition of such action, has been presented for
consideration, and no objections thereto having been timely filed, the Court is of the opinion that the
findings and conclusions of the Magistrate Judge are correct, and adopts same as the findings and
conclusions of the Court. It is therefore
ORDERED that Defendants’ Motion for Summary Judgment (docket entry #152) is
GRANTED and final judgment rendered in Defendants’ favor and against Plaintiff and that Plaintiff
shall take nothing as a result of this action. It is further
ORDERED that Plaintiff’s complaint is DISMISSED WITH PREJUDICE as frivolous
pursuant to 28 U.S.C. § 1915A(b)(1). It is further
ORDERED that, in light of the fact that all other Defendants have previously been
dismissed, this case be CLOSED. It is further
ORDERED that all motions not previously ruled upon are hereby DENIED. It is finally
ORDERED that each party is to bear his own costs.
SIGNED this the 29th day of September, 2011.
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE
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