Lynch v. United States of America et al

Filing 33

ORDER OF PARTIAL DISMISSAL; adopting 29 Report and Recommendations; ORDERED that the Plaintiffs breach of duty and breach of contract claims against Defendant Christus Health Ark-La-Tex d/b/a Christus St. Michael Health System contained in paragraphs 52 and 53 of the original complaint are DISMISSED without prejudice.. Signed by Judge David Folsom on 8/12/09. (mrm, )

IN THE UNITED STATES DISTRICT COURT F O R THE EASTERN DISTRICT OF TEXAS T E X A R K A N A DIVISION

R IT C H IE LYNCH, #07451-010 VS. UNITED STATES OF AMERICA, ET AL.

§ § § C IV IL ACTION NO. 5:09cv29

O R D E R OF PARTIAL DISMISSAL T h e above-entitled and numbered civil action was heretofore referred to United States M agistrate Judge Caroline M. Craven, who issued a Report and Recommendation concluding that the P lain tiff's breach of duty and breach of contract claims against Defendant Christus Health Ark-La-Tex d /b /a Christus St. Michael Health System contained in paragraphs 52 and 53 of the original complaint sh o u ld be dismissed without prejudice. The Report of the Magistrate Judge, which contain proposed fin d in gs of fact and recommendations for the disposition of such action, have been presented for co n sid eratio n , and no objections thereto having been timely filed, the Court is of the opinion that the fin d in gs and conclusions of the Magistrate Judge are correct, and adopts same as the findings and co n clu sio n s of the Court. It is accordingly

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O R D E R E D that the Plaintiff's breach of duty and breach of contract claims against Defendant C h ristu s Health Ark-La-Tex d/b/a Christus St. Michael Health System contained in paragraphs 52 and 5 3 of the original complaint are DISMISSED without prejudice.

SIGNED this 12th day of August, 2009.

____________________________________ DAVID FOLSOM UNITED STATES DISTRICT JUDGE