McCreary v. Skeen et al

Filing 7

ORDER ADOPTING 5 Report and Recommendations, and dismissing with prejudice. All motions by either party not previously ruled on are hereby DENIED. Signed by Judge Leonard Davis on 10/16/08. cc:pltf 10-17-08(mll, )

IN THE UNITED STATES DISTRICT COURT FO R THE EASTERN DISTRICT OF TEXAS T Y LE R DIVISION

JO D Y MCCREARY, #1142309 VS. JACK SKEEN, JR., ET AL.

§ § § O R D E R OF DISMISSAL C IV IL ACTION NO. 6:08cv387

P lain tiff Jody McCreary, a prisoner confined in the Texas prison system, proceeding pro se and in forma pauperis, filed this civil rights lawsuit pursuant to 42 U.S.C. § 1983. The complaint was referred to United States Magistrate Judge John D. Love, who issued a Report and Recommendation con clud ing that the complaint should be dismissed. The Plaintiff has filed objections. T h e Report of the Magistrate Judge, which contains proposed findings of fact and reco m m e nd atio n s for the disposition of such action, has been presented for consideration, and having m ade a de novo review of the objections raised by the Plaintiff, the Court is of the opinion that the fin d ings and conclusions of the Magistrate Judge are correct, and the objections by the Plaintiff are w ith o u t merit. Therefore the Court hereby adopts the findings and conclusions of the Magistrate Judge as the findings and conclusions of the Court. It is accordingly O R D E R E D that the complaint is DISMISSED with prejudice pursuant to 28 U.S.C. § 1 9 1 5 A (b )(1 ). All motions by either party not previously ruled on are hereby DENIED.

So ORDERED and SIGNED this 16th day of October, 2008.

__________________________________ LEONARD DAVIS UNITED STATES DISTRICT JUDGE