Opinion
CIVIL ACTION 9:21cv84
10-18-2021
WILLIAM ANDREW ALLEN v. ANTHONY PATRICK
MEMORANDUM ORDER PARTIALLY ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Thad Heartfield,United States District Judge
Plaintiff William Allen, an inmate at the Duncan Unit, proceeding pro se, brought this civil rights suit 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 for failing to state a claim upon which relief may be granted.
The court has received and considered the Report and Recommendation of United States Magistrate Judge filed pursuant to such referral, along with the record, pleadings and all available evidence. Plaintiff filed objections to the Magistrate Judge’s Report and Recommendation. Ordinarily this would require a de novo review of the objections in relation to the pleadings and the applicable law. See Fed. R. Civ. P. 72(b). However, on July 28, 2021, plaintiff moved to voluntarily dismiss the action.
Plaintiff is entitled to dismiss this action pursuant to Rule 41(a) because the defendants have filed neither an answer nor a motion for summary judgment. See Fed. R. Civ. P. 41(a)(1)(i). Therefore, the report will be adopted to the extent it recommends dismissal. The dismissal will be without prejudice. 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 to the extent it recommended dismissal. A final judgment will be entered in this case in accordance with the magistrate judge’s recommendations. 2