Opinion
CIVIL ACTION NO. 1:13cv284
01-06-2014
DON ALBERT LANG v. JEFFERSON COUNTY, TEXAS, ET AL.
ORDER PARTIALLY ADOPTING THE MAGISTRATE
JUDGE'S REPORT AND RECOMMENDATION
Plaintiff Don Albert Lang, an inmate at the Connally Unit, proceeding pro se, brought the above-styled lawsuit pursuant to 42 U.S.C. § 1983.
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 action be dismissed as frivolous.
The court has received and considered the Report and Recommendation of United States Magistrate Judge filed pursuant to such referral, along with the record and pleadings. No objections to the Report and Recommendation of United States Magistrate Judge were filed by the parties.
On December 23, 2013, plaintiff filed a motion to dismiss this action. As the defendants have not been served, plaintiff is entitled to dismiss his claims pursuant to FED. R. CIV. P. 41(a). Thus, the report will be adopted only to the extent it recommended dismissal. The dismissal will be without prejudice.
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 in accordance with the Magistrate Judge's recommendations.
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Ron Clark, United States District Judge