Gordon v. TDCJ

Filing 42

ORDER ADOPTING 39 Report and Recommendations, and dismissing with prejudice. The complaint is DISMISSED without prejudice with respect to any other potential defts. All motions by either party not previously ruled on are DENIED. Signed by Judge Leonard Davis on 09/29/10. cc:pltf 9-30-10(mll, )

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-JDL Gordon v. TDCJ Doc. 42 IN THE UNITED STATES DISTRICT COURT F O R THE EASTERN DISTRICT OF TEXAS T Y LE R DIVISION JE F F GORDON, #1586761 VS. TDCJ O R D E R OF DISMISSAL C IV IL ACTION NO. 6:10cv123 P lain tiff Jeff Gordon, 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 co n clu d in g 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 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 claims against TDCJ are DISMISSED with prejudice pursuant to Fed. R . Civ. P. 41(b) and 28 U.S.C. 1915A(b)(1). The complaint is DISMISSED without prejudice with resp ect to any other potential defendants. It is further 1 Dockets.Justia.com ORDERED that all motions by either party not previously ruled on are hereby DENIED. So ORDERED and SIGNED this 29th day of September, 2010. __________________________________ LEONARD DAVIS UNITED STATES DISTRICT JUDGE 2

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