Opinion
Civil Action 1:20-CV-232
11-19-2024
MICHAEL EWING v. THE STATE OF TEXAS
ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
Michael J. Truncale United States District Judge
Plaintiff Michael Ewing, a prisoner confined at the Stiles Unit of the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. § 1983 against the State of Texas.
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. On September 30, 2024, the magistrate judge recommended dismissing the action pursuant to Federal Rule of Civil Procedure 4 for failing to serve the defendant. Proper notice was given to the plaintiff at his last known address. See FED. R. CIV. P. 5(b)(2)(c). To date, the parties have not filed objections to the report and recommendation.
The Court received and considered the Report and Recommendation of United States Magistrate Judge pursuant to such referral, along with the record, pleadings and all available evidence. After careful review, the Court finds that the findings of fact and conclusions of law of the United States Magistrate Judge are correct.
ORDER
Accordingly, the findings of fact and conclusions of law of the magistrate judge are correct, and the report of the magistrate judge [Dkt. 30] is ADOPTED. A final judgment will be entered in accordance with this memorandum order.
SIGNED.