Warmsley v. Thaler et al

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 12 Report and Recommendations, denying 4 MOTION to Certify Class filed by Ray Landon Warmsley. Signed by Judge David Folsom on 9/27/10. (mrm, )

Warmsley v. Thaler et al

Doc. 17

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION RAY WARMSLEY v. RICK THALER, ET AL. § § § CIVIL ACTION NO. 5:10cv2

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE ON PLAINTIFF'S MOTION FOR CLASS CERTIFICATION The Plaintiff Ray Warmsley, proceeding pro se, 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. Warmsley has filed a motion for certification of the lawsuit as a class action. On August 25, 2010, the Magistrate Judge issued a Report recommending that the motion for class certification be denied. Warmsley received a copy of this Report on August 27, 2010, but filed no objections thereto; accordingly, he 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 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 as well as the Report of the Magistrate Judge. Upon such review, the Court has determined that the Report of the Magistrate Judge is correct. It is accordingly ORDERED that the Report of the Magistrate Judge (docket no. 12) is ADOPTED as the opinion of the District Court. It is further 1

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ORDERED that the Petitioner's motion for class certification (docket no. 4) be and hereby is DENIED.

SIGNED this 27th day of September, 2010.

____________________________________ DAVID FOLSOM UNITED STATES DISTRICT JUDGE

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