Fountain v. Rupert

Filing 12

ORDER ADOPTING 9 Report and Recommendations, and granting 7 Motion to Dismiss filed by Freddie Lee Fountain. This civil action is DISMISSED without prejudice on the motion of the pltf. Any and all motions which may be pending in this action are hereby DENIED. Signed by Judge Leonard Davis on 03/28/12. cc:pltf 3-29-12(mll, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION FREDDIE LEE FOUNTAIN § v. § WARDEN RUPERT § CIVIL ACTION NO. 6:12cv34 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT The Plaintiff Freddie Fountain, proceeding pro se, filed this civil rights lawsuit under 42 U.S.C. §1983 complaining of alleged violations of his constitutional rights in the Texas Department of Criminal Justice, Correctional Institutions Division. This Court ordered that the case be referred to the United States Magistrate Judge pursuant to 28 U.S.C. §636(b)(1) and (3) and the Amended Order for the Adoption of Local Rules for the Assignment of Duties to United States Magistrate Judges. On February 17, 2012, Fountain filed a motion asking that his lawsuit be dismissed. On February 21, 2012, the Magistrate Judge issued a Report recommending that the motion to dismiss be granted and that the lawsuit be dismissed without prejudice. Fountain received a copy of this Report on February 24, 2012, but filed no objections thereto; accordingly, he is barred from de novo review by the district judge of those findings, conclusions, and recommendations and, except upon grounds of plain error, from appellate review of the unobjected-to factual findings and legal conclusions accepted and adopted by the district court. Douglass v. United Services Automobile Association, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc). The Court has reviewed the pleadings in this cause and the Report of the Magistrate Judge. Upon such review, the Court has concluded that the Report of the Magistrate Judge is correct. It is accordingly 1 ORDERED that the Report of the Magistrate Judge (docket no. 9) is hereby ADOPTED as the opinion of the District Court. It is further ORDERED that the Plaintiff’s motion for voluntary dismissal (docket no. 7) is GRANTED and the above-styled civil action be and hereby is DISMISSED without prejudice on the motion of the Plaintiff. It is further ORDERED that any and all motions which may be pending in this action are hereby DENIED. So ORDERED and SIGNED this 28th day of March, 2012. __________________________________ LEONARD DAVIS UNITED STATES DISTRICT JUDGE 2

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