Bachelder v. Hickerson et al

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The above-entitled and numbered cause of action is DISMISSED WITHOUT PREJUDICE. All motions by either party not previously ruled on are hereby DENIED. Signed by Judge Michael H. Schneider on 01/06/16. (mll, )

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

EDWARD BACHELDER, #1351914

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VS.

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FELICIA S. HICKERSON, ET AL.

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CIVIL ACTION NO. 6:14cv150

ORDER OF DISMISSAL
The above-entitled and numbered civil action was assigned to United States Magistrate Judge
John D. Love, who subsequently issued a Report and Recommendation that Plaintiff’s action be
dismissed with prejudice for purposes of federal court proceedings pursuant to 28 U.S.C. §
1915A(b)(1), and that the complaint should be dismissed without prejudice to the extent that the
Plaintiff may refile his negligence claim in state court. A copy of the Report and Recommendation
was sent to Plaintiff. The docket sheet reflects that the Clerk’s office received an acknowledgment
of receipt of the Report and Recommendation but the acknowledgment was not dated. See Docket
Entry # 11. Plaintiff has not responded or otherwise communicated with the Court.
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 conclusions
of the Court.

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Accordingly, IT IS THEREFORE
ORDERED that the above-entitled and numbered cause of action is DISMISSED
WITHOUT PREJUDICE. Fed. R. Civ. P. 41(b); Rule 41, Local Rules for the Eastern District of
Texas. All motions by either party not previously ruled on are hereby DENIED.
SIGNED this 6th day of January, 2016.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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