Mayfield v. Thompson et al

Filing 10

ORDER adopting the magistrate judge's 8 Report and Recommendation. Signed by District Judge Ron Clark on 1/10/2019. (bjc, )

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

§

VS.

§

BILLY THOMPSON, ET AL.

§

CIVIL ACTION NO. 9:16cv177

ORDER ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Larry M. Mayfield, an inmate at the Lewis Unit, proceeding pro se, brought the
above-styled lawsuit pursuant to 42 U.S.C. § 1983.
The court referred this matter to the Honorable Zack Hawthorn, United States Magistrate
Judge, for consideration pursuant to applicable laws and orders of this court. The Magistrate
Judge recommends this action be dismissed.
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.
This Court was notified in another pending civil rights lawsuit filed by plaintiff that
plaintiff passed away on April 21, 2018. Suggestion of Death, 9:15cv80 (docket entry no. 20).
The Suggestion of Death was filed on May 8, 2018 and more than 90 days have passed since its
filing. No motion for substitution has been filed. Pursuant to Federal Rule of Civil Procedure
25(a)(1), this complaint should be dismissed.
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 recommendations.

So Ordered and Signed
Jan 10, 2019