McFerrin v. Montgomery et al, No. 1:2017cv00153 - Document 35 (E.D. Tex. 2020)

Court Description: MEMORANDUM OPINION AND ORDER ADOPTING 33 Report and Recommendation recommending the civil rights action filed pursuant to 42 USC 1983 should be dismissed for want of prosecution pursuant to FRCP 41(b). Signed by District Judge Thad Heartfield on 03/17/2020. (bmf)

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McFerrin v. Montgomery et al Doc. 35 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION ERVIN LEE MCFERRIN § VS. § DAVID MONTGOMERY, et al., § CIVIL ACTION NO. 1:17-CV-153 MEMORANDUM OPINION AND ORDER ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Plaintiff, Ervin Lee McFerrin, an inmate formerly confined at the Mark Stiles Unit with the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 against several defendants. The Court referred this matter to the Honorable Zack Hawthorn, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this Court. The Magistrate Judge recommends this civil rights action be dismissed for want of prosecution pursuant to Federal Rule of Civil Procedure 41(b) (docket entry no. 33). The Court has received and considered the Report and Recommendation of United States Magistrate Judge filed pursuant to such order, along with the record, and pleadings. No objections to the Report and Recommendation of United States Magistrate Judge were filed by the parties. 1 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 in this case 1 The Certified Mail Return Receipt was returned unclaimed on January 21, 2020 (docket entry no. 34). Dockets.Justia.com in accordance with the Magistrate Judge’s recommendations. SIGNED this the 17 day of March, 2020. ____________________________ Thad Heartfield United States District Judge 2

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