Opinion
3:24-cv-00035-KGB
12-03-2024
JEFFREY C. ELMORE, ADC # 091418 PLAINTIFF v. THOMAS HURST, Warden, Grimes Unit; et al. DEFENDANTS
ORDER
KRISTINE G. BAKER, CHIEF UNITED STATES DISTRICT JUDGE
Before the Court are the first Proposed Findings and Recommendations (“First Recommendation”) submitted by United States Magistrate Judge Jerome T. Kearney (Dkt. No. 7) and the second Proposed Findings and Recommendations (“Second Recommendation”) submitted by Judge Kearney (Dkt. No. 16). Plaintiff Jeffrey C. Elmore has not filed any objections to the First or Second Recommendations, and the time to file objections has passed. To the extent Mr. Elmore considers any of his filings as objections, the Court has conducted a de novo review of the record in assessing whether to adopt the First and Second Recommendations. After careful consideration, the Court concludes that the First and Second Recommendations, should be, and hereby are, adopted in their entirety as this Court's findings in all respects (Dkt. Nos. 7; 16). The Court denies without prejudice Mr. Elmore's motion for summary judgment (Dkt. No. 3) and dismisses without prejudice Mr. Elmore's complaint for failure to prosecute (Dkt. No. 1). The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3) that an in forma pauperis appeal from this Order and the accompanying Judgment would not be taken in good faith.
It is so ordered.