Reeves v. Lynch et al

Filing 58

ORDER ADOPTING REPORT AND RECOMMENDATION for 56 Report and Recommendation. (ORDERED the Plaintiffs claims against Warden Page, LaSalle Corrections, and Correct Care Solutions are DISMISSED without prejudice. ORDERED the statute of limitations on the claims against Warden Page, LaSalle Corrections, and Correct Care Solutions is SUSPENDED for a period of sixty (60) days following the date of entry of final judgment in this case.) Signed by District Judge Robert W. Schroeder, III on 1/31/2018. (slo, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION
TIMOTHY REEVES,
Plaintiff,
v.
R. LYNCH ET AL.,
Defendants.

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CIVIL ACTION NO. 5:15-CV-00146-RWS

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
The Plaintiff Timothy Reeves, a former inmate of the Bowie County Correctional Center
in Texarkana, Texas, filed this civil rights lawsuit under 42 U.S.C. §1983 complaining of alleged
violations of his constitutional rights.

This Court referred the case 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.
On August 21, 2017, Plaintiff was ordered to file an amended complaint within thirty (30)
days setting out his claims against the remaining Defendants, Warden Page, LaSalle Corrections,
and Correct Care Solutions. Docket No. 54. He received this order on August 25, 2017 but has
taken no further action. Docket No. 55.
On October 16, 2017, the Magistrate Judge issued a Report recommending dismissal of
the remaining claims in the lawsuit without prejudice for failure to prosecute or to obey an order
of the Court. Docket No. 56. The Magistrate Judge also recommended the statute of limitations
be suspended for a period of sixty (60) days following the date of entry of final judgment. A
copy of this Report was sent to Plaintiff at his last known address, return receipt requested, but

was returned with a notation stating Plaintiff had been paroled on August 28, 2017. Docket No.
57. No forwarding address could be provided to the Court.
Plaintiff is a pro se litigant, and under the Local Rules of the Eastern District of Texas,
pro se litigants must provide the Court with a physical address and are “responsible for keeping
the clerk advised in writing of the current physical address.” Local Rule CV-11(d). To date,
Plaintiff has not updated his address with the Court or filed a response to the Report.
Plaintiff did not file objections to the Report and Recommendation; therefore, this Court
reviews the Report and Recommendation for clear error. Rodriguez v. Bowen, 857 F.2d 275,
276-77 (5th Cir. 1988). Upon review of the Magistrate Judge’s finding, this Court finds that the
findings and conclusions of the Magistrate Judge are correct.

The Court agrees with the

Magistrate Judge that Plaintiff’s action should be dismissed without prejudice for failure to
prosecute. Therefore, the Court hereby ADOPTS the Report of the United States Magistrate
Judge as the findings and conclusions of this Court. It is

. ORDERED the Plaintiff’s claims against Warden Page, LaSalle Corrections, and Correct
Care Solutions are DISMISSED without prejudice for failure to prosecute or to obey an order of
the Court. Because these are the last remaining claims in the case, the lawsuit shall be dismissed
in its entirety. It is further
ORDERED the statute of limitations on the claims against Warden Page, LaSalle
Corrections, and Correct Care Solutions is SUSPENDED for a period of sixty (60) days
following the date of entry of final judgment in this case. Finally, it is
ORDERED any and all motions which may be pending in this civil action are DENIED.
SIGNED this 31st day of January, 2018.

Page 2 of 2

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ROBERT W. SCHROEDER III
UNITED STATES DISTRICT JUDGE