Cooper v. Thaler et al

Filing 37

ORDER OF DISMISSAL: adopting re: 30 Report and Recommendation. It is therefore ordered that the Civil Rights Complaint is dismissed without prejudice for failure to state a claim on which relief can be granted and for refusal to comply with an Or der of the Court. The Clerk shall send a copy of this order to plaintiff and to any attorney of record. The Clerk shall also mail copies of this order to TDCJ-Office of the General Counsel, P.O. Box 13084, Austin, TX 78711; and to the Pro Se Clerk at the U.S. District Court for the Eastern District of Texas, Tyler Division. See Order for further specifics.(Ordered by Judge Mary Lou Robinson on 2/7/2012) (egb)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS

AMARILLO DIVISION

EARL DANIEL COOPER, PRO SE,
also known as EARL D. COOPER,
also known as EARL COOPER, JR,,
also known as EARL DANIEL COOPER. JR..
TDCJ-CID No. 1541308,

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Plaintiff,

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v.

2:11-CV-O161

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RICK THALER ET AL.,

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Defendants.

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ORDER OF DISMISSAL
Plaintiff EARL DANIEL COOPER, while a prisoner confined in the Texas Department of
Criminal Justice, Correctional Institutions Division, filed suit pursuant to Title 42,United States
Code, section 1983 complaining against twenty-nine defendants employed by or otherwise
associated with the Texas Department of Criminal Justice, and has been granted permission to

proceed in forma pauperis.
On January 26,2012, a Report and Recommendation was issued by the United States
Magistrate Judge recommending the instant cause be dismissed without prejudice for failure to
state a claim on which relief can be granted and for refusal to comply with an order of the Court.

Plaintiff filed his Objections on February 3,2012.
The Court has made an independent examination of the records in this case and has
examined the Magistrate Judge's Report and Recommendation, as well as the Objections filed by
the plaintiff.

The Court is of the opinion that the objections of the plaintiff should be OVERRULED
and the Report and Recommendation of the United States Magistrate Judge should be

ADOPTED by the United States District Court.
This Court, therefore, does OVERRULE plaintiff s objections, and does hereby ADOPT
the Report and Recommendation of the United States Magistrate Judge.

IT IS THEREFORE ORDERED that the Civil Rights Complaint by EARL DANIEL
COOPER is DISMISSED WITHOUT PREJUDICE FOR FAILURE TO STATE A CLAIM ON

WHICH RELIEF CAN BE GRANTED AND FOR REFUSAL TO COMPLY WITH AN
ORDER OF THE COURT.

LET JUDGMENT BE ENTERED ACCORDINGLY.
The Clerk shall send a copy of this order to plaintiff and to any attorney of record. The

Clerk shall also mail copies of this order to TDCJ-Office of the General Counsel, P.O. Box
13084, Austin,

TX

78711; and to the Pro Se Clerk at the U.S. District Court for the Eastem

District of Texas, Tyler Division.
IT IS SO ORDERED./

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Signed this the

az

District Judge