CHOYCE v. GROUNDS et al

Filing 45

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 41 Report and Recommendations, granting 28 MOTION for Summary Judgment filed by Adam Velez, Claire T Russell, Reginaldo F Stanely, Tonya Traylor. Signed by Judge David Folsom on 7/18/11. (mrm, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION CHARLES RICKY CHOYCE, JR., #690391 § VS. § ADAM VELEZ, ET AL. CIVIL ACTION NO. 5:10cv181 § ORDER OF DISMISSAL Plaintiff Charles Ricky Choyce, Jr., an inmate confined at the Telford Unit of the Texas prison system, proceeding pro se, filed the above-styled and numbered civil rights lawsuit. The complaint was referred to United States Magistrate Judge Caroline M. Craven, who issued a Report and Recommendation concluding that the Defendants’ motion for summary judgment should be granted. The Plaintiff has filed objections. The Report of the Magistrate Judge, which contains her proposed findings of fact and recommendations for the disposition of such action, has been presented for consideration, and having made a de novo review of the objections raised by the Plaintiff to the Report, the Court is of the opinion that the findings and conclusions of the Magistrate Judge are correct and the objections of the Plaintiff are without merit. Therefore the findings and conclusions of the Magistrate Judge are adopted as the findings and conclusions of the Court. It is accordingly ORDERED that the Defendants’ motion for summary judgment (docket entry #28) is GRANTED. It is further ORDERED that complaint is DISMISSED with prejudice pursuant to Fed. R. Civ. P. 56. It is further 1 . ORDERED that all motions by either party not previously ruled on are hereby DENIED. SIGNED this 18th day of July, 2011. ____________________________________ DAVID FOLSOM UNITED STATES DISTRICT JUDGE 2

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