Smith v. Rupert Smith v. Rupert (E. D. Tex., 2014)

Copy Citation

CEDRIC SMITH v. JOHN RUPERT, ET AL.

CIVIL ACTION NO. 6: 14cv364

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION

November 5, 2014

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT

        The Plaintiff filed this civil rights lawsuit under 42 U.S.C. §1983 complaining of alleged violations of his constitutional rights. This Court ordered that the case be referred to the United States Magistrate Judge pursuant to 28 U.S.C. §636(b)(1) and (3) and the Amended Order for the Adoption of Local Rules for the Assignment of Duties to United States Magistrate Judges.

        On August 4, 2014, the Magistrate Judge issued a Report recommending that the lawsuit be dismissed without prejudice for failure to prosecute or to obey an order of the Court. No objections to this Report have been received; accordingly, the Plaintiff is barred from de novo review by the district judge of those findings, conclusions, and recommendations and, except upon grounds of plain error, from appellate review of the unobjected-to proposed factual findings and legal conclusions accepted and adopted by the district court. Douglass v. United Services Automobile Association 79 F. 3d 1415, 1430 (5th Cir. 1996) (en banc).

        The Court has reviewed the pleadings in this cause and the Report of the Magistrate Judge. Upon such review, the Court has determined that the Report of the Magistrate Judge is correct. See United States v. Wilson 864 F.2d 1219 1221 (5th Cir. ), cert. denied 492 U.S. 918, 109 S. Ct. 3243 (1989) (where no objections to a Magistrate Judge's Report are filed, the standard of review is "clearly erroneous, abuse of discretion and contrary to law. "). It is accordingly

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        ORDERED that the Report of the Magistrate Judge (docket no. 4) is hereby ADOPTED as the opinion of the District Court. It is further

        ORDERED that the above-styled civil action be and hereby is DISMISSED WITHOUT PREJUDICE for failure to prosecute or to obey an order of the Court. Finally, it is

        ORDERED that any and all motions which may be pending in this action are hereby DENIED.

        It is SO ORDERED.

        SIGNED this 5th day of November, 2014.

        /s/_________        MICHAEL H. SCHNEIDER        UNITED STATES DISTRICT JUDGE