Thomas v. Patterson et al

Filing 60

ORDER partially adopting the magistrate judge's 57 Report and Recommendation. Signed by District Judge Ron Clark on 9/26/2018. (bjc, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION THEODORE THOMAS § VS. § OFFICER PATTERSON, et al., § CIVIL ACTION NO. 9:15-CV-50 ORDER PARTIALLY ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Plaintiff, Theodore Thomas, proceeding pro se, filed the above-styled civil rights lawsuit pursuant to 42 U.S.C. § 1983 against defendants Officer Patterson, Officer Masiel and the Nacogdoches Police Department. The court referred this matter 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 recommends granting defendants’ motion to dismiss. 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 pleadings. No objections to the Report and Recommendation of United States Magistrate Judge have been filed to date. In fact, plaintiff filed a motion to dismiss without prejudice on August 23, 2018 (docket entry no. 59). ORDER Accordingly, the findings of fact and conclusions of law of the Magistrate Judge are correct, and the report of the Magistrate Judge is PARTIALLY ADOPTED to the extent it recommends dismissal. A Final Judgment will be entered in accordance with the recommendations of the Magistrate Judge. So ORDERED and SIGNED September 26, 2018. ____________________________ Ron Clark, Senior District Judge

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