Young v. Seale IV et al, No. 6:2012cv00038 - Document 9 (E.D. Tex. 2012)

Court Description: MEMORANDUM ADOPTING 8 Report and Recommendations of the US Magistrate Judge and Entering Final Judgment. It is ORDERED that the Plaintiff's 7 Motion for Voluntary Dismissal is GRANTED, and this civil action is DISMISSED without prejudice. Any and all motions pending in this action are DENIED. Signed by Judge Michael H. Schneider on 4/5/2012. (leh, )

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Young v. Seale IV et al Doc. 9 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION ALLEN YOUNG § v. § SAMUEL SEALE IV, ET AL. § CIVIL ACTION NO. 6:12cv38 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT The Plaintiff Allen Young, proceeding pro se, filed this civil rights lawsuit under 42 U.S.C. §1983 complaining of alleged violations of his constitutional rights in the Texas Department of Criminal Justice, Correctional Institutions Division. 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. Young has filed a motion asking that his lawsuit be dismissed, and the Magistrate Judge has issued a Report recommending that this motion be granted. No objections haveb een received to this Report; accordingly, Young 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 unobjected-to 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 concluded that the Report of the Magistrate Judge is correct. It is accordingly ORDERED that the Report of the Magistrate Judge (docket no. 8) is hereby ADOPTED as the opinion of the District Court. It is further 1 Dockets.Justia.com . ORDERED that the Plaintiff’s motion for voluntary dismissal (docket no. 7) is GRANTED and the above-styled civil action be and hereby is DISMISSED without prejudice on the motion of the Plaintiff. It is further ORDERED that any and all motions which may be pending in this action are hereby DENIED. It is SO ORDERED. SIGNED this 5th day of April, 2012. ____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE 2

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