Whitaker v. Marquardt et al
ORDER ADOPTING 4 REPORT AND RECOMMENDATIONS. Signed by Judge Ron Clark on 3/7/17. (ljw, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
ROBERT SCOTT MARQUARDT, ET AL.
CIVIL ACTION NO. 9:16cv121
ORDER ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Barry Whitaker, an inmate at the Diboll Correctional Facility, represented by
counsel, brought the above-styled lawsuit pursuant to 42 U.S.C. § 1983.
The court referred this matter to the Honorable Keith F. Giblin, United States Magistrate
Judge, for consideration pursuant to applicable laws and orders of this court. The Magistrate Judge
recommends this action be dismissed without prejudice.
The court has received and considered the Report and Recommendation of United States
Magistrate Judge filed pursuant to such referral, along with the record and pleadings. No objections
to the Report and Recommendation of United States Magistrate Judge were filed by the parties.
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 recommendations.
So ORDERED and SIGNED this 7 day of March, 2017.
Ron Clark, United States District Judge
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