Mark v. Wheat

Filing 7

ORDER adopting the magistrate judge's 5 Report and Recommendation. Signed by Judge Ron Clark on 4/3/2017. (bjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
MICHAEL L. MARK

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VS.

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KEVIN WHEAT

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CIVIL ACTION NO. 9:16-CV-192

ORDER ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Michael L. Mark, a prisoner confined at the Powledge 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 against Kevin Wheat.
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. The Magistrate Judge recommends dismissing this civil rights action without prejudice
pursuant to Federal Rule of Civil Procedure 41(b).
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.

ORDER
Accordingly, the findings of fact and conclusions of law of the Magistrate Judge are correct,
and the report 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 3rd day of April, 2017.

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