Opinion
2:03-CV-0249
February 26, 2004
ORDER OF PARTIAL DISMISSAL
Plaintiff WALTER A LLEN M OSLEY, III, while a prisoner incarcerated in the custody of the Texas Department of Criminal Justice, Institutional Division, has filed suit pursuant to Title 42, United States Code, Section 1983 complaining against the above-named defendants and has been granted permission to proceed in forma pauperis.
On December 10, 2003, a Report and Recommendation was issued by the United States Magistrate Judge analyzing the Civil Rights Claims pursuant to Title 42, United States Code, section 1983, by plaintiff WALTER ALLEN MOSLEY, III, and recommending that plaintiff's claims against defendants TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION and NFN HOLLIGAN be dismissed with prejudice as frivolous and for failure to state a claim on which relief can be granted.
The Report and Recommendation did not address plaintiff's claims against defendants BULL, KELLY, HALL, and BOLAND.
The period for response expired December 24, 2003; and no objections have been filed by plaintiff.
The Court has made an independent examination of the records in this case and has examined the Magistrate Judge's Report and Recommendation. The Court is of the opinion that the Report and Recommendation of the United States Magistrate Judge should be ADOPTED by the United States District Court.
This Court, therefore, does hereby ADOPT the Report and Recommendation of the United States Magistrate Judge in this case.
IT IS THEREFORE ORDERED that the Civil Rights Claims by plaintiff WALTER ALLEN MOSLEY, III, against defendants TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION and NFN HOLLIGAN be DISMISSED WITH PREJUDICE AS FRIVOLOUS AND FOR FAILURE TO STATE A CLAIM ON WHICH RELIEF CAN BE GRANTED.
LET JUDGMENT BE ENTERED ACCORDINGLY.
The Clerk shall send a copy of this Order to plaintiff and to any attorney of record.
IT IS SO ORDERED.