Wolf v. Webb et al

Filing 68

ORDER ADOPTING 65 Report and Recommendations; granting 57 Motion for Summary Judgment, filed by Unknown Sims; denying 61 Motion for Summary Judgment filed by David Paul Wolf. Pltf's ADA and RA claims against deft Sims are DISMISSED. This case is DISMISSED with prejudice. All motions by either party not previously ruled on are DENIED. Signed by Judge Leonard Davis on 03/27/12. cc:pltf & dfts 3-29-12(mll, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION

DAVID PAUL WOLF, #468145

§

VS.

§

N. WEBB, ET AL.

§

CIVIL ACTION NO. 6:11cv255

ORDER OF DISMISSAL
Plaintiff David Paul Wolf, a prisoner confined in the Texas prison system, proceeding pro
se, 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 Fourth Report and Recommendation concluding
that Defendant Sims’ motion for summary judgment should be granted, that the Plaintiff’s ADA and
RA claims against Defendant Sims should be dismissed pursuant to 28 U.S.C. § 1915A(b)(1) and
that the lawsuit should be dismissed with prejudice. The Plaintiff has filed objections.
The 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 having
made a de novo review of the objections raised by the Plaintiff, the Court is of the opinion that the
findings and conclusions of the Magistrate Judge are correct, and the objections by the Plaintiff are
without 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
ORDERED that the Defendant Sims’ motion for summary judgment (docket entry #57) is
GRANTED. It is further

1

ORDERED that the Plaintiff’s ADA and RA claims against Defendant Sims are
DISMISSED pursuant to 28 U.S.C. § 1915A(b)(1). It is further
ORDERED that the Plaintiff’s motion for summary judgment (docket entry #61) is
DENIED. It is further
ORDERED that the case is DISMISSED with prejudice. It is finally
ORDERED that all motions by either party not previously ruled on are hereby DENIED.
So ORDERED and SIGNED this 27th day of March, 2012.

__________________________________
LEONARD DAVIS
UNITED STATES DISTRICT JUDGE

2