Chance v. Texas Department of Criminal Justice et al

Filing 83

ORDER OF DISMISSAL. Order adopting 71 Second Report and Recommendations of the US Magistrate Judge. It is ORDERED that the Defendants' 59 Motion for Summary Judgment is GRANTED and the complaint is DISMISSED with prejudice. All motions by either party not previously ruled on are DENIED. Signed by Judge Michael H. Schneider on 8/8/2012. (leh, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION WILLIAM E. CHANCE, JR., #644505 § VS. § TDCJ, ET AL. § CIVIL ACTION NO. 6:11cv435 ORDER OF DISMISSAL Plaintiff William E. Chance, Jr., an inmate confined in the Texas prison system, filed the above-styled and numbered lawsuit. The complaint was referred to United States Magistrate Judge John D. Love, who issued a Second Report and Recommendation concluding that the Defendants’ motion for summary judgment should be granted. 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 Plaintiff, the Court is of the opinion that the findings and conclusions of the Magistrate Judge are correct, and the objections by 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 Second Report and Recommendation (docket entry #71) is ADOPTED. It is further ORDERED that the Defendants’ motion for summary judgment (docket entry #59) is GRANTED and the complaint is DISMISSED with prejudice. It is finally 1 ORDERED that all motions by either party not previously ruled on are hereby DENIED. It is SO ORDERED. SIGNED this 8th day of August, 2012. ____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE 2

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