Davis v. Ware

Filing 9

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 8 Report and Recommendation. Having received the report of the United States Magistrate Judge, and no objections thereto having been timely filed, this Court i s of the opinion that the findings and conclusions of the Magistrate Judge are correct and adopts the Magistrate Judges report as the findings and conclusions of the Court. It is, therefore, ORDERED that Plaintiff's complaint is DISMISSED with prejudice. All relief not previously granted is DENIED. The Clerk is directed to CLOSE this civil action, and set this Order as unsealed. Signed by Judge Amos L. Mazzant, III on 8/12/2015. (kls, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

CHELSEA DAVIS
V.
LESLIE D. WARE, ET AL.

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CASE NO. 4:15-CV-144
Judge Mazzant/Judge Nowak

MEMORANDUM ADOPTING REPORT AND
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Came on for consideration the report of the United States Magistrate Judge in this action,
this matter having been heretofore referred to the United States Magistrate Judge pursuant to 28
U.S.C. § 636. On July 17, 2015, the report of the Magistrate Judge was entered containing
proposed findings of fact and recommendations that Plaintiff’s complaint be dismissed with
prejudice (Dkt. #8). The Magistrate Judge recommended that Plaintiff’s complaint be dismissed
for failure to properly serve Defendants in accordance with Federal Rule of Civil Procedure
4(m), and further recommended that Plaintiff’s complaint be dismissed with prejudice in light of
the determination that Plaintiff’s claims are barred by res judicata and/or constitute an abuse of
the judicial system.
Having received the report of the United States Magistrate Judge, and no objections
thereto having been timely filed, this Court is of the opinion that the findings and conclusions of
the Magistrate Judge are correct and adopts the Magistrate Judge’s report as the findings and
conclusions of the Court.
It is, therefore, ORDERED that Plaintiff’s complaint is DISMISSED with prejudice.
All relief not previously granted is DENIED.

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The Clerk is directed to CLOSE this civil action, and set this Order as unsealed.
IT IS SO ORDERED.
SIGNED this 12th day of August, 2015.

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AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE

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