Singletary v. State Of Texas et al

Filing 55

ORDER ADOPTING 54 Memorandum and Recommendations re 51 MOTION for Appointment of Counsel, 13 MOTION to Dismiss 11 Amended Complaint/Counterclaim/Crossclaim etc. , 50 MOTION to Consolidate Lead Case No. 4:16cv3476 and Membe r Case No. 4:17cv1764, 15 MOTION to Dismiss , 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , 53 MOTION to Dismiss , 14 MOTION to Dismiss 11 Amended Complaint/Counterclaim/Crossclaim etc. , 17 Corrected MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION CHARLESTON CLARK SINGLETARY, Plaintiff, v. STATE OF TEXAS, et al., Defendants. § § § § § § § § § CIVIL ACTION H-16-3476 ORDER Pending before the court is a memorandum and recommendation (“M&R”) entered by Magistrate Judge Nancy Johnson on October 30, 2017. Dkt. 54. The Magistrate Judge recommends dismissing plaintiff Charleston Singletary’s claims (Dkt. 11) for want of jurisdiction. Id. Singletary did not file any objections to the M&R. After reviewing the M&R, the various motions to dismiss, and the applicable law, the court agrees with the Magistrate Judge that Singletary’s claims should be dismissed. The court finds no clear error on the face of the record. Fed. R. Civ. P. 72(b), Advisory Comm. Note (1983). Accordingly, the M&R is ADOPTED IN FULL, and Singletary’s claims are DISMISSED WITHOUT PREJUDICE. The court will enter a final judgment consistent with this order. Signed at Houston, Texas on November 16, 2017. ___________________________________ Gray H. Miller United States District Judge

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