-JDL Randall v. Livingston et al, No. 6:2010cv00264 - Document 24 (E.D. Tex. 2011)

Court Description: MEMORANDUM ADOPTING REPORT AND RECOMMENDATIONS AND ENTERING FINAL JUDGMENT for 22 Report and Recommendations, and granting 21 Motion to Dismiss filed by Herman Randall. This case is dismissed without prejudice. Any pending motions are denied. Signed by Judge Michael H. Schneider on 5/11/11. (mjc, )

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-JDL Randall v. Livingston et al Doc. 24 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION HERMAN RANDALL § v. § BRAD LIVINGSTON, ET AL. § CIVIL ACTION NO. 6:10cv264 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT The Plaintiff Herman Randall, proceeding pro se, filed this civil rights lawsuit under 42 U.S.C. §1983 complaining of alleged deprivations of his constitutional rights. This Court ordered that the case be referred to the United States Magistrate Judge pursuant to 28 U.S.C. §636(b)(1) and (3) and the Amended Order for the Adoption of Local Rules for the Assignment of Duties to United States Magistrate Judges. Randall has filed a motion asking that his lawsuit be dismissed. The Magistrate Judge issued a Report recommending that this request be granted and that the lawsuit be dismissed without prejudice, and Randall has received a copy of this Report but filed no objections thereto; accordingly, he is barred from de novo review by the district judge of those findings, conclusions, and recommendations and, except upon grounds of plain error, from appellate review of the unobjectedto factual findings and legal conclusions accepted and adopted by the district court. Douglass v. United Services Automobile Association, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc). The Court has reviewed the pleadings in this cause and the Report of the Magistrate Judge. Upon such review, the Court has determined that the Report of the Magistrate Judge is correct. It is accordingly ORDERED that the Report of the Magistrate Judge is ADOPTED as the opinion of the District Court. It is further 1 Dockets.Justia.com . ORDERED that the Plaintiff’s motion for voluntary dismissal of his lawsuit (docket no. 21) is GRANTED and that the above-styled civil action be and hereby is DISMISSED without prejudice on the motion of the Plaintiff. Finally, it is ORDERED that any and all motions which may be pending in this action are hereby DENIED. SIGNED this 11th day of May, 2011. ____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE 2

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