Burrough v. Livingston et al

Filing 63

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 56 Report and Recommendations, granting 47 Motion for Summary Judgment amd Dismissing Case. All motions by either party not previously ruled on are denied. Signed by Judge Michael H. Schneider on 8/27/13. (mjc, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION ROBERT ANTHONY BURROUGH § VS. § BRAD LIVINGSTON, ET AL. § CIVIL ACTION NO. 6:12cv339 ORDER OF DISMISSAL Plaintiff Robert Anthony Burrough, an inmate confined in the Texas prison system, filed the above-styled and numbered civil rights lawsuit. The complaint was referred to United States Magistrate Judge John D. Love, who issued a Third Report and Recommendation concluding that the Defendants’ motion for summary judgment should be granted. 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 Third Report and Recommendation (docket entry #56) is ADOPTED. It is further ORDERED that the Defendants Ham, Murray and Walton’s motion for summary judgment (docket entry #47) 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 27th day of August, 2013. ____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE 2

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