Schonewitz v. Cabana et al

Filing 30

ORDER ADOPTING PROPOSED FINDINGS OF FACT AND RECOMMENDATIONS for 26 Report and Recommendations. This lawsuit is hereby dismissed without prejudice. Signed by Chief District Judge Louis Guirola, Jr. on 9/30/2011 (wld)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
TERRY LYNN SCHONEWITZ
v.
DONALD CABANA, et al.

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PLAINTIFF
Civil Action No. 1:11cv17-LG-RHW
DEFENDANTS

ORDER ADOPTING PROPOSED FINDINGS OF
FACT AND RECOMMENDATIONS
BEFORE THE COURT is the Proposed Findings of Fact and Recommendations
[26] entered by United States Magistrate Judge Robert H. Walker on September 15,
2011. Judge Walker recommends that the 42 U.S.C. §1983 civil rights complaint filed
by Terry Lynn Schonewitz be dismissed without prejudice for failure to prosecute.
Schonewitz was advised that he must file any objections to Judge Walker’s
recommendations within fourteen days of being served with a copy of the Proposed
Findings of Fact and Recommendations. The Court record reveals that the copy of the
Proposed Findings of Fact and Recommendations that was sent to Schonewitz was
returned to the Court as undeliverable on September 23, 2011. (Docket Entry [29]).
Where no party has objected to the Magistrate Judge’s proposed findings of fact
and recommendations, the Court need not conduct a de novo review of it. See 28 U.S.C.
§ 636(b)(1) (“A judge of the court shall make a de novo determination of those portions
of the report or specified proposed findings and recommendations to which objection
is made.”). In such cases, the Court need only satisfy itself that there is no clear error
on the face of the record. Douglass v. United Serv. Auto Ass’n, 79 F.3d 1415, 1420 (5th
Cir. 1996).

Having conducted the required review, the Court finds that Judge Walker’s
Proposed Findings of Fact and Recommendations is neither clearly erroneous nor
contrary to law. Therefore, the Court finds that the Proposed Findings of Fact and
Recommendations entered by Judge Walker should be adopted as the opinion of this
Court.
IT IS, THEREFORE, ORDERED AND ADJUDGED that the Proposed
Findings of Fact and Recommendations [26] entered by United States Magistrate
Judge Robert H. Walker on September 15, 2011, be, and the same hereby is,
ADOPTED as the finding of this Court.

This lawsuit is hereby DISMISSED

WITHOUT PREJUDICE.
SO ORDERED AND ADJUDGED this the 30th day of September, 2011.

s/

Louis Guirola, Jr.

LOUIS GUIROLA, JR.
CHIEF U.S. DISTRICT JUDGE

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