Jackson v. Dretke et al

Filing 25

ORDER ADOPTING 19 Report and Recommendations. The complaint is DISMISSED without prejudice to the pltf refiling the claim 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 by either party not previously ruled on are hereby DENIED. Signed by Judge Michael H. Schneider on 12/29/09. cc:pltf 12-29-09(mll, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION PIERRO JACKSON, #1152599 VS. DOUG DRETKE, ET AL. § § § ORDER OF DISMISSAL CIVIL ACTION NO. 6:09cv305 The above-entitled and numbered civil action was heretofore referred to United States Magistrate Judge Judith K. Guthrie. The Second 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 therefore ORDERED that the complaint is DISMISSED pursuant to 28 U.S.C. § 1915A(b)(1). The complaint is DISMISSED without prejudice to the Plaintiff refiling the claim 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 by either party not previously ruled on are hereby DENIED. SIGNED this 29th day of December, 2009. ____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE

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