Mayfield v. Thompson et al

Filing 6

ORDER adopting the magistrate judge's 5 Report and Recommendation. Signed by District Judge Ron Clark on 1/7/2019. (bjc, )

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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BILLY THOMPSON, ET AL.

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CIVIL ACTION NO. 9:16-CV-178

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 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.
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.
The Office of the Attorney General advised the Court that plaintiff passed away on April 21,
2018. A successor or representative of the plaintiff has not moved to substitute as a party to this
action. See FED. R. CIV. P. 25(a)(1). Because there is no longer a party to prosecute this action, the
action should be dismissed.

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 January 7, 2019.

____________________________
Ron Clark, Senior District Judge

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