Rodriguez, Jr. v. Muldowney et al

Filing 8

ORDER ADOPTING 6 REPORT AND RECOMMENDATIONS. Signed by District Judge Ron Clark on 5/24/18. (ljw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
FRANK W. RODRIGUEZ, JR.

§

VS.

§

TOMMIE HAYNES, ET AL.

§

CIVIL ACTION NO. 9:18-CV-35

ORDER ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Frank W. Rodriguez, Jr., 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. The Magistrate Judge recommends dismissing this civil rights action without prejudice
pursuant to Federal Rule of Civil Procedure 41(a).
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. 6) is ADOPTED. Plaintiff’s motion to dismiss

(document no. 5) is GRANTED. A final judgment will be entered in this case in accordance with
the Magistrate Judge’s recommendation.

So Ordered and Signed
May 24, 2018

2