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, )

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

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v.

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WARDEN RUPERT

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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
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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

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