Nicolas v. Dingas et al

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATIONS and Entering Final Judgment for 8 Report and Recommendations of the United States Magistrate Judge. The Report of the Magistrate Judge is ADOPTED as the opinion of the District Court. Plaintiff's moti on for voluntary dismissal of his lawsuit is GRANTED and the above-stuled civil action be and hereby is DISMISSED without prejudice on the motion of the Plaintiff. Any and all motions which may be pending in this action are hereby DENIED. Signed by Judge Michael H. Schneider on 3/30/2009. (gsg)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION ALBERT NICOLAS v. GREGORY DINGAS, ET AL. CIVIL ACTION NO. 6:09cv48 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT The Plaintiff Albert Nicolas, proceeding pro se, filed this civil rights lawsuit under 42 U.S.C. 1983 complaining of alleged deprivations of his constitutional rights. 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. On February 24, 2009, Nicolas filed a motion asking that his lawsuit be dismissed. On March 2, 2009, the Magistrate Judge issued a Report recommending that this request be granted. A copy of the Magistrate Judge's Report was sent to Nicolas at his last known address, return receipt requested, but no objections have been received; accordingly, Nicolas is barred from de novo review by the district judge of those findings, conclusions, and recommendations and, except upon grounds of plain error, from appellate review of the unobjected-to factual findings and legal conclusions accepted and adopted by the district court. Douglass v. United Services Automobile Association, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc). The Court has reviewed the pleadings in this cause and the Report of the Magistrate Judge. Upon such review, the Court has determined that the Report of the Magistrate Judge is correct. It is accordingly 1 ORDERED that the Report of the Magistrate Judge is ADOPTED as the opinion of the . District Court. It is further ORDERED that the Plaintiff's motion for voluntary dismissal of his lawsuit (docket no. 6) is GRANTED and that the above-styled civil action be and hereby is DISMISSED without prejudice on the motion of the Plaintiff. Finally, it is ORDERED that any and all motions which may be pending in this action are hereby DENIED. SIGNED this 30th day of March, 2009. ____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE 2

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