Pate v. Wheat et al

Filing 76

ORDER ADOPTING 73 Report & Recommendations; denying 56 Motion for Summary Judgment filed by Cheyenne Pate; granting 57 Motion for Summary Judgment, filed by Jeffery P Brainard, Donald C Dean, Jr, Guillermo Delarosa, Bodiel G Mares, Stephen D Farquahr, Kevin R. Wheat, Michael B Crow, Stacey K. Crawley. The Complaint is DISMISSED with prejudice. All motions by either party not previously ruled on are DENIED. Signed by Judge Leonard Davis on 05/24/10. cc:pltf & dfts 5-24-10(mll, )

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

C H E Y E N N E PATE, #773478 VS. KEVIN R. WHEAT, ET AL.

§ § § O R D E R OF DISMISSAL C IV IL ACTION NO. 6:09cv259

P lain tiff Cheyenne Pate, a prisoner previously confined at the Coffield Unit of the Texas prison system , proceeding pro se, filed this civil rights lawsuit pursuant to 42 U.S.C. § 1983. The complaint w as referred to United States Magistrate Judge John D. Love, who issued a Report and R eco m m en d atio n concluding that the Defendants' motion for summary judgment should be granted an d that the lawsuit should be dismissed with prejudice. The Plaintiff has filed objections. T h e Report of the Magistrate Judge, which contains proposed findings of fact and reco m m en d atio n s for the disposition of such action, has been presented for consideration, and having m ad e a de novo review of the objections raised by the Plaintiff, the Court is of the opinion that the fin d in gs 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 Plaintiff's motion for summary judgment (docket entry #56) is DENIED. It is further O R D E R E D that the Defendants' motion for summary judgment (docket entry #57) is G R A N T E D . It is further

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ORDERED that the complaint is DISMISSED with prejudice. It is finally O R D E R E D that all motions by either party not previously ruled on are hereby DENIED.

So ORDERED and SIGNED this 24th day of May, 2010.

__________________________________ LEONARD DAVIS UNITED STATES DISTRICT JUDGE

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