Jones v. Dir TDCJ et al
Filing
29
MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFFS MOTION TO DISMISS, granting 27 MOTION to Dismiss filed by Travis Eugene Jones. Signed by Judge Michael H. Schneider on 2/26/13. (mrm, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION
TRAVIS EUGENE JONES
§
v.
§
DIRECTOR, TDCJ, ET AL.
§
CIVIL ACTION NO. 5:12cv14
MEMORANDUM OPINION AND ORDER
GRANTING PLAINTIFF’S MOTION TO DISMISS
The Plaintiff Travis Jones, proceeding pro se, filed this civil rights lawsuit under 42 U.S.C.
§1983 complaining of alleged violations of his constitutional rights in the Texas Department of
Criminal Justice, Correctional Institutions Division. This Court ordered that the case be referred to
the United States Magistrate Judge pursuant to 28 U.S.C. §636(b)(1) and (3) and the Amended Order
for the Adoption of Local Rules for the Assignment of Duties to United States Magistrate Judges.
After the Defendants answered the lawsuit, a motion for summary judgment based upon
exhaustion of administrative remedies was filed. On January 28, 2013, the Magistrate Judge issued
a Report recommending that the motion to dismiss be granted and that the lawsuit be dismissed for
failure to exhaust. On February 4, 2013, the Plaintiff filed a motion asking that his lawsuit be
dismissed.
The Court has reviewed the pleadings and the Report of the Magistrate Judge and has
determined that this Report is correct. Nonetheless, in the interest of justice, Jones’ request for
voluntary dismissal should be granted. See Carter v. United States, 547 F.2d 258, 259 (5th Cir.
1977); Thomas v. Phillips, 83 Fed.Appx. 661, 2003 WL 22965565 (5th Cir., December 17, 2003)
(citing Carter). It is accordingly
ORDERED that the Plaintiff’s motion to dismiss his lawsuit (docket no. 27) is hereby
GRANTED. It is further
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.
ORDERED that the above-styled civil action be and hereby is DISMISSED without prejudice
on the Plaintiff’s motion. Finally, it is
ORDERED that any and all motions which may be pending in this action are hereby
DENIED.
It is SO ORDERED.
SIGNED this 26th day of February, 2013.
____________________________________
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE
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