Harp v. Neyland et al

Filing 9

ORDER ADOPTING 6 REPORT AND RECOMMENDATIONS. Plaintiff's Motion to Dismiss 5 is GRANTED. Signed by District Judge Marcia A. Crone on 1/17/23. (ljw, )

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Case 9:22-cv-00158-MAC-ZJH Document 9 Filed 01/17/23 Page 1 of 2 PageID #: 32 UNITED STATES DISTRICT COURT BRUCE W. HARP, Plaintiff, versus CAPTAIN NEYLAND, et al., Defendants. EASTERN DISTRICT OF TEXAS § § § § § § § § § CIVIL ACTION NO. 9:22-CV-158 ORDER ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Plaintiff Bruce W. Harp, a prisoner confined at the Coffield 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 recommends granting Plaintiff’s motion to dismiss and dismissing the action without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1). The court has received and considered the Report and Recommendation of United States Magistrate Judge filed pursuant to such order, along with the record, pleadings and all available evidence. 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 and recommendation of the magistrate judge (#6) is ADOPTED. Plaintiff’s Case 9:22-cv-00158-MAC-ZJH Document 9 Filed 01/17/23 Page 2 of 2 PageID #: 33 Motion to Dismiss (#5) is GRANTED. A final judgment will be entered in this case in accordance with the magistrate judge’s recommendation. SIGNED at Beaumont, Texas, this 17th day of January, 2023. ________________________________________ MARCIA A. CRONE UNITED STATES DISTRICT JUDGE 2

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