Smith v. Stephens

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 12 Report and Recommendations of the United States Magistrate Judge. ORDERED that Plaintiffs Motion to Dismiss Without Prejudice is GRANTED and the complaint is DISMISSED WITHOUT PREJUDICE. Signed by District Judge Robert W. Schroeder, III on 12/20/2018. (gsg)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
ANDY L. SMITH
Plaintiff.
v.

SANFORD C. STEPHENS, et al.
Defendants.

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CIVIL ACTION NO. 6:18-cv-185

ORDER
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. Docket No. 12. The Report and Recommendation recommends that Plaintiff’s
Motion to Dismiss Without Prejudice (Docket No. 11) be granted and the complaint be
dismissed without prejudice. See Id. Plaintiff received the Report and Recommendation no
.
later than December 3, 2018. Docket No. 13. No written objections have been filed. Thus, any
aggrieved party is not entitled to de novo review by the district court of the proposed
findings and recommendations of the Magistrate Judge.

28 U.S.C § 636(b)(1)(C).

The

Court therefore ADOPTS the findings and conclusions of the Magistrate Judge as those of
the Court. See United States v. Raddatz, 447 U.S. 667, 683 (1980). In light of the foregoing,
it is
ORDERED that Plaintiff’s Motion to Dismiss Without Prejudice (Docket No. 11) is
GRANTED and the complaint is DISMISSED WITHOUT PREJUDICE.
SIGNED this 20th day of December, 2018.

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ROBERT W. SCHROEDER III
UNITED STATES DISTRICT JUDGE