Verners v. McClure

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 14 Report and Recommendations and 13 Motion to dismiss is GRANTED and action is DISMISSED with Prejudice and all pending motions are denied. Signed by Judge Rodney Gilstrap on 5/15/2015. (sm, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION LOROAN VERNERS § v. § CHAPLAIN McCLURE § CIVIL ACTION NO. 5:14cv92 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT The Plaintiff Loroan Verners, proceeding pro se, filed this civil action complaining of alleged deprivations 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. The sole named defendant is Chaplain Greg McClure of the Federal Correctional Institution at Texarkana. Verners complained of a denial of the right to practice his religion on July 23, 2012, while confined in the prison. Chaplain McClure filed a motion to dismiss or for summary judgment. After review of the record, the Magistrate Judge issued a Report recommending that the motion to dismiss or for summary judgment be granted and the lawsuit dismissed with prejudice. A copy of this Report was sent to Verners 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) (en banc). 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 1 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. 14) is hereby ADOPTED as the opinion of the District Court. It is further ORDERED that the Defendant’s motion to dismiss or for summary judgment (docket no. 13) is GRANTED and the above-styled civil action is DISMISSED WITH PREJUDICE. Finally, it is ORDERED that any and all motions which may be pending in this action are hereby DENIED. SIGNED this 19th day of December, 2011. So ORDERED and SIGNED this 15th day of May, 2015. ____________________________________ RODNEY GILSTRAP UNITED STATES DISTRICT JUDGE 2

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