Tucker v. United States of America et al, No. 1:2005cv00416 - Document 109 (E.D. Tex. 2008)

Court Description: MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that this lawsuit be dismissed without prejudice. A final judgment will e entered dismissing this lawsuit. If plaintiff pays the $250 filing fee within 30 days of the date set forth below, the court will vacate the Final Judgment and allow this case to proceed. Signed by Judge Marcia A. Crone on 8/29/08. (mrp, )

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Tucker v. United States of America et al Doc. 109 UNITED STATES DISTRICT COURT LAWRENCE JOSEPH TUCKER, Plaintiff, versus UNITED STATES OF AMERICA, Defendant. EASTERN DISTRICT OF TEXAS § § § § § § § § § CIVIL ACTION NO. 1:05-CV-416 MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Plaintiff Lawrence Joseph Tucker, proceeding pro se, filed the above-styled civil rights lawsuit. The court referred this matter to the Honorable Earl S. Hines, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The magistrate judge has submitted a Report and Recommendation of United States Magistrate Judge concerning this matter. The magistrate judge recommends this lawsuit be dismissed without prejudice pursuant to 28 U.S.C. § 1915(g). The court has received the Report and Recommendation of United States Magistrate Judge, along with the record, pleadings, and all available evidence. No objections were filed to the magistrate judge’s Report and Recommendation. Dockets.Justia.com ORDER Accordingly, the findings of fact and conclusions of law of the magistrate judge are correct, and the report of the magistrate judge is ADOPTED. A final judgment will be entered dismissing this lawsuit. If plaintiff pays the $250 filing fee within 30 days of the date set forth . below, the court will vacate the Final Judgment and allow this case to proceed. SIGNED at Beaumont, Texas, this 7th day of September, 2004. SIGNED at Beaumont, Texas, this 29th day of August, 2008. ________________________________________ MARCIA A. CRONE UNITED STATES DISTRICT JUDGE 2

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