Hudnall et al v. Payne et al

Filing 49

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Plaintiff's Motion for Voluntary Dismissal 46 is GRANTED and the complaint is DISMISSED without prejudice. Any motion not previously ruled on is DENIED. Signed by Judge Robert W. Schroeder, III on 09/27/16. (mll, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
WILLIAM GEORGE G. HUDNALL et
al.

v.
JIM PAYNE et al.

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CIVIL ACTION NO. 6:15cv898

ORDER ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
The Report and Recommendation of the Magistrate Judge, which contains her findings,
conclusions, and recommendation for the disposition of the complaint has been presented for
consideration.

The Report and Recommendation (Docket No. 47), filed on August 26,

2016, recommends that Plaintiff’s Motion for Voluntary Dismissal (Docket No. 46) be
granted and that the complaint be dismissed without prejudice. The Magistrate Judge based
her recommendation on the Plaintiff’s agreement that this Court lacks federal question

.

jurisdiction over this cause of action and only a single defendant, out of fourteen total, filing
an Answer to the Complaint. Docket No. 47 at 1. No written objections have been filed.
The Court therefore ADOPTS the findings and conclusions of the Magistrate Judge as those of
the Court. In light of the foregoing, it is
ORDERED that Plaintiff’s Motion for Voluntary Dismissal (Docket No. 46) is
GRANTED and the complaint is DISMISSED without prejudice.

Any motion not

previously ruled on is DENIED.
So ORDERED and SIGNED this 27th day of September, 2016.

____________________________________
ROBERT W. SCHROEDER III
UNITED STATES DISTRICT JUDGE