Acevedo v. Pierce et al

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 11 Report and Recommendations. It is ORDERED that 10 Plaintiff's Unopposed Motion to Dismiss for Lack of Subject Matter be GRANTED and that Plaintiff's Complaint be DISMISSED without prejudice. Signed by Judge Robert W. Schroeder, III on 5/8/2017. (rlf)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
Lance Randall Acevedo,
Plaintiff,
v.
Orlando Deonte Pierce and ECMD Inc.,
Defendants.

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CASE NO. 6:16-CV-1192-RWS-KNM

ORDER ADOPTING REPORT AND RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE
The Report and Recommendation of the Magistrate Judge, which contains her findings,
conclusions, and recommendation regarding Plaintiff’s Unopposed Motion to Dismiss for Lack of
Subject Matter Jurisdiction (Doc. No. 10), has been presented for consideration.

Because

Defendants had already filed their Answers, and because Plaintiff did not indicate otherwise, the
Magistrate Judge construed the Motion as a motion for voluntary dismissal of the complaint under
Federal Rule of Civil Procedure 41(a)(2).
.
The Report and Recommendation (Doc. No. 11), filed on February 17, 2017, recommends
that Plaintiff’s Complaint be dismissed without prejudice. Neither party filed written objections.
The Court agrees with the Magistrate Judge and ADOPTS the findings and conclusions of the
Magistrate Judge as those of the Court. Accordingly, it is
ORDERED that Plaintiff’s Unopposed Motion to Dismiss for Lack of Subject Matter
Jurisdiction (Doc. No. 10) be GRANTED and that Plaintiff’s Complaint be DISMISSED without
prejudice.
SIGNED this 8th day of May, 2017.

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ROBERT W. SCHROEDER III
UNITED STATES DISTRICT JUDGE