Delmast v. Cross et al

Filing 42

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 35 Report and Recommendations. Plaintiffs claims against Defendant Adam James are DISMISSEDwithout prejudice for failure to obey an order of the Court and for failure to prosecute. Signed by Judge Leonard Davis on 02/02/12. cc:pltf & dfts 2-03-12(mll, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION SAMUEL DEWAYNE DELMAST, #1589085 § VS. § SCOTT CROSS, ET AL. CIVIL ACTION NO. 6:11cv225 § ORDER OF PARTIAL DISMISSAL The above-entitled and numbered civil action was heretofore referred to United States Magistrate Judge John D. Love. The Report and Recommendation 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 Plaintiff’s claims against Defendant Adam James are DISMISSED without prejudice for failure to obey an order of the Court and for failure to prosecute. Fed. R. Civ. P. 41(b). So ORDERED and SIGNED this 2nd day of February, 2012. __________________________________ LEONARD DAVIS UNITED STATES DISTRICT JUDGE

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