Fountain v. Thaler

Filing 63

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Report and Recommendation 60 is ADOPTED. The motion to dismiss 58 is GRANTED. The complaint is DISMISSED without prejudice. All motions not previously ruled on are DENIED. Signed by Judge Michael H. Schneider on 12/16/15. (mll, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
FREDDIE LEE FOUNTAIN, #1640115

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VS.

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RICK THALER

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CIVIL ACTION NO. 6:14cv145

ORDER OF DISMISSAL
The above-entitled and numbered civil action was heretofore directly assigned to United States
Magistrate Judge K. Nicole Mitchell. 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 no objections thereto having been timely filed, the Court is of the opinion that the
findings and conclusions of the Magistrate Judge are correct, and adopts same as the findings and
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conclusions of the Court. It is therefore
ORDERED that the Report and Recommendation (doc. #60) is ADOPTED. It is further
ORDERED that the motion to dismiss (doc. #58) is GRANTED. It is further
ORDERED that the complaint is DISMISSED without prejudice. Fed. R. Civ. P. 41(a)(1).
Plaintiff does not have a “strike” associated with this lawsuit for purposes of 28 U.S.C. § 1915(g). All
motions not previously ruled on are DENIED.
It is SO ORDERED.
SIGNED this 16th day of December, 2015.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE