Smart v. Stephens et al

Filing 10

ORDER ADOPTING 8 REPORT AND RECOMMENDATIONS. Signed by Judge Ron Clark on 11/17/14. (ljw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
PERRY SMART

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VS.

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WILLIAM STEPHENS, ET AL.

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CIVIL ACTION NO. 9:14-CV-92

ORDER ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Perry Smart, a prisoner confined at the Eastham Unit of the Texas Department of
Criminal Justice, Correctional Institutions Division, proceeding pro se, filed this civil rights action
pursuant to 42 U.S.C. § 1983.
The court ordered that this matter be referred to the Honorable Zack Hawthorn, United States
Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of
this court. The Magistrate Judge has submitted a Report and Recommendation of United States
Magistrate Judge recommending that this civil rights action be dismissed without prejudice pursuant
to Federal Rule of Civil Procedure 41(a)(1).
The court has received and considered the Report and Recommendation of United States
Magistrate Judge filed pursuant to such order, along with the record and the pleadings. No
objections to the Report and Recommendation of United States Magistrate Judge were filed by the
parties.

ORDER
Accordingly, the findings of fact and conclusions of law of the Magistrate Judge are correct,
and the report of the Magistrate Judge is ADOPTED. A final judgment will be entered in this case
in accordance with the Magistrate Judge’s recommendation.
So ORDERED and SIGNED this 17 day of November, 2014.

___________________________________
Ron Clark, United States District Judge

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