Gullatte v. Warden, TDCJ-ID et al

Filing 15

ORDER OF DISMISSAL and ADOPTING 12 Report and Recommendations Ordering that complaint is DIMISSED without prejudice. Signed by Judge Michael H. Schneider on 4/16/2014. (sm, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION BRANDON GULLATTE, #1600240 § VS. § DAWN E. MERCHANT, ET AL. § CIVIL ACTION NO. 5:14cv23 ORDER OF DISMISSAL The above-entitled and numbered civil action was heretofore referred to United States Magistrate Judge Caroline M. Craven, who issued a Report and Recommendation concluding that the lawsuit should be dismissed. 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 no objections thereto having been timely filed, the Court is of the opinion that the findings and conclusions of the Magistrate Judge are correct, and adopts same as the findings and conclusions of the Court. It is accordingly . ORDERED that the Report and Recommendation (docket #12) is ADOPTED. It is further ORDERED that the complaint is DISMISSED pursuant to 28 U.S.C. § 1915A(b)(1) and that the complaint is DISMISSED without prejudice to the Plaintiff refiling the claims at such time as he can demonstrate that he has been able to have the prison disciplinary case reversed, expunged or otherwise declared invalid. All motions not previously ruled on are DENIED. It is SO ORDERED. SIGNED this 16th day of April, 2014. ____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE

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