Mayfield v. Bryant et al

Filing 8

ORDER ADOPTING 5 REPORT AND RECOMMENDATIONS. Signed by Judge Ron Clark on 4/1/17. (ljw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
LARRY M. MAYFIELD

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VS.

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S. BRYANT, ET AL.

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CIVIL ACTION NO. 9:16-CV-38

ORDER ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Larry M. Mayfield, a prisoner confined at the Gib Lewis 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 referred this matter to the Honorable Keith F. Giblin, 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 as repetitious of
cause number 9:16-CV-37.
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. Plaintiff filed a response in which he asserts he intended to file this action and cause number
9:16-CV-37 as one civil action. Accordingly, this action will be dismissed, and plaintiff will be
permitted to clarify his claims by filing an amended pleading in 9:16-CV-37.

ORDER
Accordingly, the findings of fact and conclusions of law of the Magistrate Judge are correct,
and the report and recommendation of the Magistrate Judge (document no. 5) is ADOPTED. A
final judgment will be entered in this case in accordance with the Magistrate Judge’s
recommendation.
So ORDERED and SIGNED this 1st day of April, 2017.

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