-JKG Lavender v. Wright et al, No. 6:2010cv00642 - Document 9 (E.D. Tex. 2011)

Court Description: ORDER ADOPTING REPORT AND RECOMMENDATIONS for 7 Report and Recommendations, and ENTERING FINAL JUDGMENT. ORDERED that the civil action is DISMISSED without prejudice on the motion of the Plaintiff. Signed by Judge Michael H. Schneider on 2/11/2011. (gsg)

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-JKG Lavender v. Wright et al Doc. 9 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION JAMES ROBERT LAVENDER § v. § GARY WRIGHT, ET AL. § CIVIL ACTION NO. 6:10cv642 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT The Plaintiff James Lavender, proceeding pro se, filed this civil rights lawsuit under 42 U.S.C. §1983 complaining of alleged violations 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. On December 21, 2010, Lavender filed a motion asking that his case be withdrawn. On January 3, 2011, the Magistrate Judge issued a Report recommending that the motion for voluntary dismissal of the lawsuit be granted and that the lawsuit be dismissed without prejudice. Lavender received a copy of this Report on January 7, 2011, and has 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 carefully reviewed the pleadings and documents in this case, as well as 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 1 Dockets.Justia.com . ORDERED that the Report of the Magistrate Judge is hereby ADOPTED as the opinion of the District Court. It is further ORDERED that 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. SIGNED this 11th day of February, 2011. ____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE 2

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