Fountain v. Thaler et al

Filing 290

MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATION OF U. S. MAGISTRATE JUDGE that this lawsuit be dismissed. Signed by Judge Ron Clark on 2/2/17. (mrp, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION FREDDIE FOUNTAIN § v. § RICK THALER, ET AL. § CIVIL ACTION NO. 6:13cv958 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. 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. Fountain has filed a motion asking that his lawsuit be dismissed. The Magistrate Judge issued a Report recommending that this motion be granted. No objections have been received. It is accordingly ORDERED that the Report of the Magistrate Judge (docket no. 289) is ADOPTED as the opinion of the District Court. It is further ORDERED that the Plaintiff’s motion to dismiss (docket no. 288) is GRANTED and the above-styled civil action is DISMISSED WITHOUT PREJUDICE. Finally, it is ORDERED that any and all motions which may be pending in this action are hereby DENIED. So Ordered and Signed Feb 2, 2017 1

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