Herrera v. UTMB Medical Center et al

Filing 24

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Report and Recommendation 20 is ADOPTED. The civil rights complaint is DISMISSED with prejudice. All motions not previously ruled on are hereby DENIED. Signed by Judge Michael H. Schneider on 05/18/15. (mll, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION RICHARD HERRERA, #712197 § VS. § UTMB MEDICAL CENTER SKYVIEW, ET AL. § CIVIL ACTION NO. 6:15cv103 ORDER OF DISMISSAL Plaintiff Richard Herrera, an inmate confined at the Michael Unit of the Texas prison system, proceeding pro se, filed the above-styled and numbered civil rights lawsuit. The cause of action was referred to United States Magistrate Judge K. Nicole Mitchell, who issued a Report and Recommendation concluding that the lawsuit should be dismissed as frivolous. Herrera 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 objections raised by Herrera to the Report, the Court is of the opinion that the findings and conclusions of the Magistrate Judge are correct and Herrera’s objections are without 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 #20) is ADOPTED. It is further 1 . ORDERED that the civil rights complaint is DISMISSED with prejudice pursuant to 28 U.S.C. § 1915A(b)(1). It is finally ORDERED that all motions not previously ruled on are hereby DENIED. It is SO ORDERED. SIGNED this 18th day of May, 2015. ____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE 2

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