DuPree v. Ray et al

Filing 41

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Report and Recommendation 35 is ADOPTED. The Defendant Officer Montiguado's motion to dismiss 10 is GRANTED. The complaint is DISMISSED with prejudice. All motions not previously ruled on are DENIED. Signed by Judge Michael H. Schneider on 04/13/15. (mll, )

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

MICHAEL M. DUPREE

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VS.

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M. L. RAY, ET AL.

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CIVIL ACTION NO. 6:14cv829

ORDER OF DISMISSAL
Plaintiff Michael M. Dupree, a prisoner confined at the Van Zandt County Jail, proceeding pro
se and in forma pauperis, filed the above-styled and numbered civil rights lawsuit pursuant to 42
U.S.C. § 1983. The complaint was directly assigned to United States Magistrate Judge John D. Love,
who issued a Report and Recommendation concluding that the sole remaining defendant’s motion to
dismiss should be granted. The Plaintiff responded by filing a request to dismiss the case.
The Report and Recommendation 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 conclusions of the
Court. It is therefore
ORDERED that the Report and Recommendation (docket entry #35) is ADOPTED. It is
further
ORDERED that the Defendant Officer Montiguado’s motion to dismiss (docket entry #10)
is GRANTED. It is further

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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 13th day of April, 2015.

____________________________________
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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