Opinion
Civil Action 4:20-CV-169
03-23-2023
ANTHONY PRESCOTT v. JEFFERY CATOE, ET AL.
Nowak Judge
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
RICHARD A. SCHELL UNITED STATES DISTRICT JUDGE
Came on for consideration the report of the United States Magistrate Judge in this action, this matter having been heretofore referred to the Magistrate Judge pursuant to 28 U.S.C. § 636 (Dkt. #2). On April 7, 2021, this case was transferred to the undersigned (Dkt. #83). On March 1, 2023, the report of the Magistrate Judge (Dkt. #116) was entered containing proposed findings of fact and recommendations that pro se Plaintiff Anthony Prescott's civil rights lawsuit pursuant to 42 U.S.C. § 1983 be dismissed. Although discussed within the report, he report does not specifically recommend a dismissal with prejudice.
Having received the report of the Magistrate Judge, and Plaintiff's Objections thereto having been timely filed (Dkt. #118) and reviewed de novo, the court is of the opinion that the findings and conclusions of the Magistrate Judge are correct and adopts the Magistrate Judge's report as the findings and conclusions of the court.
It is therefore ORDERED that pro se Plaintiff Anthony Prescott's case is DISMISSED without prejudice. All motions by either party not previously ruled on are hereby DENIED.