Tucker v. Livingston et al

Filing 113

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Report and Recommendation 109 is ADOPTED. Defendant Gaddis' motion for summary judgment 86 is GRANTED. The complaint is DISMISSED with prejudice. All motions not previously ruled on are DENIED. Signed by Judge Michael H. Schneider on 10/28/15. (mll, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION GEORGE LEE TUCKER, II, #786947 § VS. § BRAD LIVINGSTON, ET AL. § CIVIL ACTION NO. 6:14cv659 ORDER OF DISMISSAL Plaintiff George Lee Tucker, II, an inmate confined at the Coffield Unit of the Texas prison system, brings this civil lawsuit under the First Amendment and Religious Land Use and Institutionalized Persons Act (“RLUIPA”). The complaint was referred to United States Magistrate Judge K. Nicole Mitchell, who issued a Report and Recommendation (docket entry #109) concluding that the sole remaining defendant’s motion for summary judgment should be granted. Tucker has filed objections. 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 Tucker to the Report, the Court is of the opinion that the findings and conclusions of the Magistrate Judge are correct, and the objections raised by Tucker lack 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 Report and Recommendation (docket entry #109) is ADOPTED. It is further ORDERED that the Defendant Gaddis’ motion for summary judgment (docket entry #86) is GRANTED. It is further 1 ORDERED that the complaint is DISMISSED with prejudice. It is finally ORDERED that all motions not previously ruled on are DENIED. It is SO ORDERED. SIGNED this 28th day of October, 2015. ____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE 2

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