Gray v. Featherston et al

Filing 43

ORDER ADOPTING REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE for 31 Report and Recommendations, Unknown Officer Featherston terminated. Signed by Magistrate Judge John D. Love on 8/3/2010. (gsg)

Gray v. Featherston et al

Doc. 43

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION DAVID WALTER GRAY v. OFFICER FEATHERSTON, ET AL. § § § CIVIL ACTION NO. 6:09cv406

ORDER ADOPTING REPORT AND RECOMMENDATION The undersigned Magistrate Judge previously entered a Report recommending that the Defendant Officer Featherston be dismissed from the lawsuit. Neither party filed objections to this Report. The parties subsequently consented to allow the undersigned Magistrate Judge to enter final judgment in the proceeding pursuant to 28 U.S.C. §636(c). The Court has reviewed the previously entered Report and has determined that this Report is correct. It is accordingly ORDERED that the Report of the Magistrate Judge issued on May 17, 2010, is ADOPTED as the opinion of the Court. It is further ORDERED that the Plaintiff's claims against the Defendant Officer Featherston are hereby . DISMISSED with prejudice and that Officer Featherston is hereby DISMISSED as a party to this lawsuit. This dismissal shall not count as a strike for purposes of 28 U.S.C. §1915(g), nor shall it affect the remaining claims and parties in this case. So ORDERED and SIGNED this 3rd day of August, 2010.

___________________________________ JOHN D. LOVE UNITED STATES MAGISTRATE JUDGE 1

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