Marsh v. Rodrigues et al

Filing 27

ORDER OF DISMISSAL ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 11 Report and Recommendation. ORDERED that Plaintiff's complaint is DISMISSED without prejudice pursuant to Fed.R. Civ. P. 41(b). It is further ORDERED that any and all motions not yet addressed are hereby DENIED. Signed by Judge Richard A. Schell on 3/27/2013. (kls, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
LUIS M. MARSH

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VS.

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JERRY RODRIGUES, ET AL.

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CIVIL ACTION NO. 4:10cv642

ORDER OF DISMISSAL
Plaintiff Luis M. Marsh, an inmate confined in the Hopkins County Jail, proceeding pro se
and seeking to proceed in forma pauperis, filed the above-styled and numbered civil rights lawsuit
pursuant to 42 U.S.C. § 1983. The case was referred to United States Magistrate Judge Don D.
Bush, who issued a Report and Recommendation that the claims Plaintiff filed pursuant to § 1983
should be dismissed without prejudice for failure to obey an order of the Court and failure to
prosecute his action, pursuant to Fed. R. Civ. P. 41(b). Plaintiff has filed objections, but they do not
address the basis of the Magistrate Judge’s Report and Recommendation.
Having made a de novo review of the objections raised by Plaintiff to the Report, the Court
is of the opinion that the findings and conclusions of the Magistrate Judge are correct and Plaintiff’s
objections are without merit. Accordingly, the Court adopts the findings and conclusions of the
Magistrate Judge as the findings and conclusions of the Court. It is therefore

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ORDERED that Plaintiff’s complaint is DISMISSED without prejudice pursuant to Fed.
R. Civ. P. 41(b). It is further
ORDERED that any and all motions not yet addressed are hereby DENIED.

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SIGNED this the 27th day of March, 2013.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE

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