Robinson v. Texas Department of Criminal Justice et al
Filing
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MEMORANDUM OPINION adopting 12 Report and Recommendation. Ordered that Robinson's 14 Request to withdraw his entire lawsuit, is granted. Ordered that any and all motions which may be pending in this action are hereby denied. Signed by District Judge Ron Clark on 4/13/2018. (bjc, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
REGINALD O. ROBINSON, #1673891
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VS.
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DIRECTOR, TDCJ-CID
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CIVIL ACTION NO. 6:16cv1040
MEMORANDUM OPINION ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
Plaintiff Reginald Robinson, proceeding pro se and in forma pauperis, filed this civil rights
lawsuit under 42 U.S.C. §1983 complaining of alleged violations of his constitutional rights in the
Texas Department of Criminal Justice, Correctional Institutions Division. This Court ordered that
the case be referred to the United States Magistrate Judge pursuant to 28 U.S.C. §636(b)(1) and
(3) and the Amended Order for the Adoption of Local Rules for the Assignment of Duties to United
States Magistrate Judges.
The Magistrate Judge issued a Report, (Dkt. #12), recommending that Robinson’s
complaint be dismissed with prejudice. Robinson subsequently filed a response, (Dkt. #14), stating
that he “would like to withdraw this suit.”
The Court has reviewed the pleadings and the Report of the Magistrate Judge and has
determined that this Report is correct. Nonetheless, Robinson’s request for voluntary dismissal
should be granted. See Carter v. United States, 547 F.2d 258, 259 (5th Cir. 1977) (plaintiff has
absolute right to dismiss his complaint under Rule 41(a), Fed. R. Civ. P., prior to the filing of an
answer or motion for summary judgment); see also Thomas v. Phillips, 83 F.App’x 661, 2003 WL
22965565 (5th Cir. Dec. 17, 2003) (citing Carter). Accordingly, it is
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ORDERED that Robinson’s request to withdraw his entire lawsuit, (Dkt. #14), is
GRANTED. Further, it is
ORDERED that the above-styled civil action is DISMISSED WITHOUT PREJUDICE
on the motion of the Plaintiff. Finally, it is
ORDERED that any and all motions which may be pending in this action are hereby
DENIED.
So Ordered and Signed
Apr 13, 2018
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