Caldwell v. Thaler et al

Filing 26

MEMORNADUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE ON DISMISSAL OF ABERNATAR, THALER, AND GROUNDS; adopting 24 Report and Recommendations, granting 14 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) filed by Deborah Abernatar, Rick Thaler, Dawn Grounds. Rick Thaler, Deborah Abernatar and Dawn Grounds terminated. Signed by Judge Michael H. Schneider on 4/30/13. (mrm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION
ROBERT LESLIE CALDWELL

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v.

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RICK THALER, ET AL.

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CIVIL ACTION NO. 5:12cv24

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
ON DISMISSAL OF ABERNATAR, THALER, AND GROUNDS
The Plaintiff Robert Caldwell, proceeding pro se, filed this civil rights lawsuit under 42
U.S.C. §1983 complaining of alleged violations of his constitutional rights in the Texas Department
of Criminal Justice, Correctional Institutions Division. 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. As Defendants, Caldwell sued Rick Thaler, Director of the Texas Department of Criminal
Justice, Correctional Institutions Division; Telford Unit assistant warden Dawn Grounds; Major
Roger McDonald; Captain William Gaddis; Officer Dennis Martin; Lt. Shirley Arnold; and counsel
substitute Deborah Abernatar.
The Defendants Abernatar, Thaler, and Grounds filed a motion to dismiss the claims against
them. On March 6, 2013, the Magistrate Judge issued a Report recommending that this motion be
granted and that these Defendants be dismissed as parties to the lawsuit. Caldwell received a copy
of this Report on March 12, 2013, 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 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).
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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
. ORDERED that the Report of the Magistrate Judge (docket no. 24) is ADOPTED as the
opinion of the District Court. It is further
ORDERED that the motion to dismiss filed by the Defendants Deborah Abernatar, Rick
Thaler, and Dawn Grounds (docket no. 14) is hereby GRANTED and these Defendants are hereby
DISMISSED as parties to this lawsuit. The dismissal of the claims against these Defendants shall
have no effect upon the remainder of the claims and parties in this case.
It is SO ORDERED.
SIGNED this 30th day of April, 2013.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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