Verzoza v. Barber et al

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 12 Report and Recommendations. The above-styled civil action is DISMISSED WITHOUT PREJUDICE for failure to prosecute or to obey an order of the Court. Signed by District Judge Rodney Gilstrap on 1/3/2019. (slo, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION JAVIER VERZOZA § v. § MATT BARBER, ET AL. § CIVIL ACTION NO. 5:17cv158 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT The Plaintiff Javier Verzoza, 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. Plaintiff was ordered to pay the statutory filing fee of $400.00 or to submit an application for leave to proceed in forma pauperis accompanied by a data sheet, as required by 42 U.S.C. §1915(b). When he did not do so, the Magistrate Judge issued a Report recommending the lawsuit be dismissed without prejudice for failure to prosecute or to obey an order of the Court. Plaintiff received a copy of this Report on November 16, 2018, 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 unobjectedto 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 record in this cause and the Report of the Magistrate Judge. Upon such review, the Court has determined 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 1 (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 the Report of the Magistrate Judge (docket no. 12) is ADOPTED as the opinion of the District Court. It is further ORDERED the above-styled civil action is DISMISSED WITHOUT PREJUDICE for failure to prosecute or to obey an order of the Court. It is further ORDERED that any and all motions which may be pending in this civil action are hereby DENIED. SIGNED this 19th day of December, 2011. So ORDERED and SIGNED this 3rd day of January, 2019. ____________________________________ RODNEY GILSTRAP UNITED STATES DISTRICT JUDGE 2

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