Webb v. Johnson et al

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 6 Report and Recommendations, 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.. Signed by Judge David Folsom on 1/8/09. (mrm, )

IN THE UNITED STATES DISTRICT COURT F O R THE EASTERN DISTRICT OF TEXAS T E X A R K A N A DIVISION M I C H A E L WEBB v. W A R D E N REESCANO, ET AL. § § § CIVIL ACTION NO. 5:08cv114

M E M O R A N D U M ADOPTING REPORT AND RECOMMENDATION O F THE UNITED STATES MAGISTRATE JUDGE A N D ENTERING FINAL JUDGMENT T he Plaintiff Michael Webb, proceeding pro se, filed this civil action complaining of a lleged violations of his constitutional rights. This Court ordered that the case be referred to the United Sta tes Magistrate Judge pursuant to 28 U.S.C. §636(b)(1) and (3) and the Amended Order for the A do ption of Local Rules for the Assignment of Duties to United States Magistrate Judges. On July 8, 2008, Webb was ordered to pay the filing fee of $350.00 or to submit a certified TDCJ inmate data sheet, as required by 28 U.S.C. §1915(b). Webb received a copy of this order, after a change of address, on August 14, 2008, but did not comply, nor did he respond in any w a y. On November 19, 2008, the Magistrate Judge issued a Report recommending that the la wsu it be dismissed without prejudice for failure to prosecute or to obey an order of the Court. Webb received a copy of this Report on November 25, 2008, but filed no objections thereto; accordingly, he is barred from de novo review by the district judge of those findings, conclusions, and recommendations a nd, except upon grounds of plain error, from appellate review of the unobjected-to factual findings and lega l conclusions accepted and adopted by the district court. Douglass v. United Services Automobile A sso cia tio n, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc).

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T he Court has carefully reviewed the pleadings and documents in this case, as well as the Report of the Magistrate Judge. Upon such review, the Court has concluded that the Report of the M a gistra te Judge is correct. It is accordingly ORDERED that the Report of the Magistrate Judge is hereby ADOPTED as the opinion o f the District Court. It is further

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ORDERED that the above-styled civil action be and hereby is DISMISSED without

preju dice 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 D E N IE D .

SIGNED this 8th day of January, 2009.

____________________________________ DAVID FOLSOM UNITED STATES DISTRICT JUDGE

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