Morgan v. Oliver et al

Filing 9

ORDER Adopting 7 Report and Recommendations that the plaintiff's 6 Motion to Dismiss be granted. It is ordered that this civil action is dismissed without prejudice. All pending motions in this case are denied. Signed by Judge Ron Clark on 12/18/10. (leh, )

-JKG Morgan v. Oliver et al

Doc. 9

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION LESLIE MORGAN v. GEORGE OLIVER, ET AL. § § § CIVIL ACTION NO. 9:10cv122

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT The Plaintiff Leslie Morgan, proceeding pro se, filed this civil rights lawsuit under 42 U.S.C. §1983 complaining of alleged deprivations of his constitutional rights. This Court ordered that the lawsuit 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. On October 29, 2010, Morgan filed a motion to dismiss his lawsuit. The Magistrate Judge entered a Report on November 15, 2010, recommending that this motion be granted. No objections were filed to the Report; accordingly, the parties are barred from de novo review by the district judge of those findings, conclusions, and recommendations and, except upon grounds of plain error, from appellate review of the unobjected-to factual findings and legal conclusions accepted and adopted by the district court. Douglass v. United Services Automobile Association, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc). The Court has carefully reviewed the pleadings in this cause and the Report of the Magistrate Judge. Upon such review, the Court has concluded that the Report of the Magistrate Judge is correct. It is accordingly

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ORDERED that the Report of the Magistrate Judge is ADOPTED as the opinion of the District Court. It is further ORDERED that the above-styled civil rights lawsuit be and hereby is DISMISSED without prejudice on the motion of the Plaintiff. It is further ORDERED that any and all motions which may be pending in this civil action are hereby DENIED.

So ORDERED and SIGNED this 18 day of December, 2010.

___________________________________ Ron Clark, United States District Judge

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