Opinion
CIVIL ACTION NO. 9:19-CV-28
01-03-2020
CALVIN RUSHING v. DR. JAMES GEDDES
ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
Plaintiff Calvin Rushing, a prisoner confined at the Terrell Unit of the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 against Dr. James Geddes.
The Court referred this matter to the Honorable Keith F. Giblin, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this Court. The Magistrate Judge has submitted a Report and Recommendation of United States Magistrate Judge. The Magistrate Judge recommends granting the defendant's motion to dismiss for failure 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 order, along with the record and the pleadings. No objections to the Report and Recommendation of United States Magistrate Judge were filed by the parties.
ORDER
Accordingly, the findings of fact and conclusions of law of the Magistrate Judge are correct, and the report of the Magistrate Judge (document no. 25) is ADOPTED. Defendant's motion to dismiss (document no. 12) is GRANTED. A final judgment will be entered in this case in accordance with the Magistrate Judge's recommendation.
So ORDERED and SIGNED January 3, 2020.
/s/_________
Ron Clark, Senior District Judge