Opinion
CIVIL ACTION NO. 1:20cv106
03-03-2021
CHARLTON REED TIPTON v. DIRECTOR, TDCJ-CID
ORDER PARTIALLY ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
Plaintiff Charlton Reed Tipton, proceeding pro se, filed the above-styled civil rights lawsuit. The court previously referred this matter to the Honorable Keith F. Giblin, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable orders of this court. The magistrate judge has submitted a Report and Recommendation of United States Magistrate Judge recommending that the petition be dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(b).
Plaintiff did not file objections to the Report and Recommendation. However, he did file a motion asking that his lawsuit be voluntarily dismissed. Pursuant to Federal Rule of Civil Procedure 41(a), plaintiff is entitled to voluntarily dismiss his case prior ro the service of any adverse party.
ORDER
Accordingly, plaintiff's motion for voluntary dismissal (doc. no. 8) is GRANTED. The Report of the Magistrate Judge (doc. no. 6) is PARTIALLY ADOPTED to the extent it recommends dismissal of this lawsuit. An appropriate final judgment shall be entered.
SIGNED this 3rd day of March, 2021.
/s/_________
Michael J. Truncale
United States District Judge