Kohute v. Slayton

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATION OF THE U. S. MAGISTRATE JUDGE. It is ordered that the complaint is dismissed with prejudice for lack of subject matter jurisdiction and failure to state a claim upon which relief may be granted. Signed by District Judge Thad Heartfield on 8/30/18. (mrp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
KEVIN JAMES KOHUTE

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v.

ASHLEY SLAYTON

CIVIL ACTION NO. 6:18cv287

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 (Doc. No. 10), filed on August 9, 2018,

recommends that the complaint be dismissed with prejudice for lack of subject matter jurisdiction
and failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. §
1915(e)(2)(B). The Court received an acknowledgment of receipt showing that Plaintiff received
the Report and Recommendation on August 13, 2018. No written objections have been filed. The
Court therefore ADOPTS the findings and conclusions of the Magistrate Judge as those of the
Court. It is therefore
ORDERED that the complaint is DISMISSED with prejudice for lack of subject matter
jurisdiction and failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. §
1915(e)(2)(B). Any motion not previously ruled on is DENIED.
SIGNED this the 30 day of August, 2018.

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Thad Heartfield
United States District Judge