Smith v. Lappin

Full title: LARRY E. SMITH, v. HARVEY LAPPIN, ET AL

Court: United States District Court, E.D. Texas, Beaumont Division

Date published: Feb 7, 2006

Civil Action No. 1:05cv803 (E.D. Tex. Feb. 7, 2006)

Opinion

Civil Action No. 1:05cv803.

February 7, 2006

MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

RONALD CLARK, District Judge

Plaintiff Larry E. Smith, proceeding pro se, brought the above-styled lawsuit.

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 concerning this case. The magistrate judge recommends this action be dismissed without prejudice for failure to exhaust administrative remedies.

The court has received and considered the Report and Recommendation of United States Magistrate Judge, along with the record, pleadings and all available evidence. 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 is hereby ADOPTED. A final judgment will be entered dismissing this lawsuit in accordance with the magistrate judge's recommendation.

So ORDERED.