Wheeler v. Texas Department of Criminal Justice et al

Filing 18

ORDERED that the above-entitled and numbered cause of action is dismissed with prejudice pursuant to 28 USC 1915A(b)(1). The complaint is dismissed without prejudice to the extent that the Plaintiff may re-file his negligence claim in state court. All motions by either party not previously ruled on are hereby denied. Signed by Judge Ron Clark on 6/13/2017. (bjc, )

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

BARON WHEELER, #879245

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VS.

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TDCJ, et al

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ORDER OF DISMISSAL

CIVIL ACTION NO. 6:14cv760

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. Neither party has filed
objections to the Report.
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.
Accordingly,

IT IS THEREFORE

ORDERED that the above-entitled and numbered cause of action is DISMISSED WITH
PREJUDICE pursuant to 28 U.S.C. § 1915A(b)(1). The complaint is dismissed without prejudice to the
extent that the Plaintiff may refile his negligence claim in state court All motions by either party not
previously ruled on are hereby DENIED.

So Ordered and Signed
Jun 13, 2017