Branough v. Moore et al

Filing 43

ORDER OF DISMISSAL ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 35 Report and Recommendation. ORDERED that Defendants Fannin County Jailers' Motion to Dismiss (docket entry #18) is hereby GRANTED and that those individuals, otherwise unidentified in the complaint, are hereby DISMISSED from the complaint WITH PREJUDICE. 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

REX ALLEN BRANOUGH, #1670425

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VS.

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KENNETH MOORE, ET AL.

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CIVIL ACTION NO. 4:11cv823

ORDER OF DISMISSAL
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 recommends that Defendants Fannin County Jailers’ Motion to Dismiss (docket
entry #18) be granted and that they be dismissed from the complaint with prejudice. Plaintiff has
filed objections, but the objections do not address the basis of the Magistrate Judge’s
recommendation. See docket entry #38. Instead, he simply states that he should not be held to the
standard of an attorney and that events in his personal life have affected his ability to exercise
diligence. However, these points do not excuse his responsibility to address the issues raised.
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 Defendants Fannin County Jailers’ Motion to Dismiss (docket entry #18)
is hereby GRANTED and that those individuals, otherwise unidentified in the complaint, are hereby
DISMISSED from the complaint WITH PREJUDICE.
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SIGNED this the 27th day of March, 2013.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE

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