Roberts v. Warden Campbell
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 7 Report and Recommendations ORDERING that action is DISMISSED without prejudice. Signed by Judge Michael H. Schneider on 6/26/2013. (sm, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
ANTHONY R. ROBERTS SR.
MICHAEL S. CAMPBELL, ET AL.
CIVIL ACTION NO. 5:12cv98
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
The Plaintiff Anthony Roberts, 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.
An order for an initial partial filing fee was sent to Roberts at his last known address but was
returned to the Court as undeliverable. The Magistrate Judge issued a Report recommending that
the lawsuit be dismissed without prejudice for failure to prosecute. A copy of this Report was sent
to Roberts at his last known address, return receipt requested, but no objections have been received;
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)
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. 7) 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. Finally, it is
ORDERED that any and all motions which may be pending in this action are hereby
It is SO ORDERED.
SIGNED this 26th day of June, 2013.
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE
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