Byrd v. Essex Insurance Company, Inc.

Filing 9

ORDER Adopting 8 Magistrate Judge's Report and Recommendation. The motion to dismiss 7 voluntary nonsuit is granted. The reference to the magistrate judge is vacated and all pending motions are denied as moot. Signed by Judge Ron Clark on 4/22/10. (ljw, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION

LARRY G. BYRD V. ESSEN INSURANCE COMPANY, INC.

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Case No. 9:10-CV-8

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

The court referred this matter to the Honorable Earl S. Hines, United States magistrate judge, for pretrial proceedings pursuant to a Referral Order entered on January 25, 2010. The court has received and considered the report of the United States magistrate judge, who recommends that the court grant the plaintiff's "motion to dismiss voluntary nonsuit," construed as a motion for voluntary dismissal. No objections have been filed.

The magistrate judge's report is hereby ADOPTED and plaintiff's "motion to dismiss voluntary nonsuit" [Docket No. 7], construed as a motion for voluntary dismissal, is GRANTED. It is further ORDERED that the reference to the magistrate judge is VACATED. It is further ORDERED that all pending motions are DENIED as moot. Final Judgment will be entered separately.

So ORDERED and SIGNED this 22 day of April, 2010.

___________________________________ Ron Clark, United States District Judge