Vessell v. Newman et al

Filing 15

MEMORANDUM ORDER ADOPTING 12 REPORT AND RECOMMENDATIONS. The motion to dismiss filed by defendant Newman is GRANTED. The claims against defendants Newman and Price are DISMISSED. Signed by District Judge Marcia A. Crone on 1/18/23. (ljw, )

Case 9:19-cv-00129-MAC-ZJH Document 15 Filed 01/18/23 Page 1 of 1 PageID #: 48

UNITED STATES DISTRICT COURT
LEON D. VESSELL,
Plaintiff,
versus
MITCHELL NEWMAN, et al.,
Defendants.

EASTERN DISTRICT OF TEXAS
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CIVIL ACTION NO. 9:19-CV-129

MEMORANDUM ORDER ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Leon D. Vessell, proceeding pro se, filed this civil rights lawsuit against Mitchell
Newman and James D. Price. The court previously 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 a motion to dismiss filed
by defendant Newman be granted. The magistrate judge also recommended that the claim against
defendant Price be dismissed for failure to state a claim upon which relief may be granted.
The court has received the Report and Recommendation, along with the record, pleadings,
and all available evidence. No objections were filed to the Report and Recommendation.
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. The motion to dismiss filed by
defendant Newman is GRANTED. The claims against defendants Newman and Price are
DISMISSED. A final judgment shall be entered.
SIGNED at Beaumont, Texas, this 18th day of January, 2023.

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MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE