Burke v. Payne et al

Filing 5

ORDER ADOPTING 4 REPORT AND RECOMMENDATIONS. A final judgment will be entered in this case in accordance with the magistrate judge's recommendation. Signed by District Judge Marcia A. Crone on 6/3/24. (ljw)

UNITED STATES DISTRICT COURT
JAMES ALAN BURKE, JR.,

EASTERN DISTRICT OF TEXAS
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Plaintiff,
versus
JAMES PAYNE, et al.,
Defendants.

CIVIL ACTION NO. 9:24-CV-64

ORDER ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Plaintiff James Alan Burke, Jr., an inmate confined at the Shelby County Jail, proceeding
pro se, brought this lawsuit 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 dismissing
the action without prejudice. To date, the parties have not filed objections to the report.
The court received and considered the Report and Recommendation of United States
Magistrate Judge filed pursuant to such referral, along with the record, pleadings and all available
evidence. After careful review, the court finds that the findings of fact and conclusions of law of
the United States Magistrate Judge are correct.
Accordingly, the Report and Recommendation of the United States Magistrate Judge is
ADOPTED. A final judgment will be entered in this case in accordance with the magistrate
judge’s recommendation.
SIGNED at Beaumont, Texas, this 3rd day of June, 2024.

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MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE