Malone v. Ball et al
ORDER ADOPTING REPORT AND RECOMMENDATIONS. This civil rights lawsuit is ADMINISTRATIVELY CLOSED. Plaintiff may ask the Court to place the case back on the active docket if and when the criminal charges are resolved in his favor. Signed by Judge Leonard Davis on 01/24/14. (mll, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
RONALD AARON MALONE, #110834
JASON BALL, ET AL.
CIVIL ACTION NO. 6:13cv897
ORDER OF ADMINISTRATIVE CLOSING
Plaintiff Ronald Aaron Malone, an inmate confined at the Cherokee County Jail, filed the
present civil rights lawsuit pursuant to 42 U.S.C. § 1983 about a felony driving while intoxicated
charge that is pending against him. The complaint was referred to United States Magistrate Judge
K. Nicole Mitchell, who issued a Report and Recommendation concluding that the lawsuit should
be administratively closed during the pendency of the criminal charges.
Malone has filed objections. He did not object to the recommendation to administratively
close the case. Instead, he objected to the reference to defendant James Campbell as Sheriff James
Campbell. He stated that he sued City of Rusk Police Chief James Campbell, as opposed to Sheriff
James Campbell. He explained that Sheriff Campbell is the father of Police Chief Campbell.
Malone’s explanation is well noted.
The Report of the Magistrate Judge, which contains her 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 Malone to the Report, the Court is of the opinion
that the findings and conclusions of the Magistrate Judge are correct other than the erroneous
reference to Sheriff James Campbell, as opposed to Police Chief James Campbell. 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 civil rights lawsuit is ADMINISTRATIVELY CLOSED. It is further
ORDERED that Malone may ask the Court to place the case back on the active docket if and
when the criminal charges are resolved in his favor.
So ORDERED and SIGNED this 24th day of January, 2014.
UNITED STATES DISTRICT JUDGE
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