Young v. Federal Bureau of Prisons et al

Filing 6

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 4 Report and Recommendations. It is ORDERED that 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 by District Judge Robert W. Schroeder, III on 12/3/2021. (slo, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION
BRIAN YOUNG
Plaintiff
v.
FEDERAL BUREAU OF PRISONS,
ET AL.
Defendants

§
§
§
§
§
§
§
§
§
§
§

Case No. 5:20-cv-00076

ORDER
The Plaintiff Brian Young, proceeding pro se, filed this lawsuit under 42 U.S.C. § 1983. The
Court ordered that the case be referred to the United States Magistrate Judge pursuant to 28 U.S.C.
§636(b)(1) and (3).
On February 22, 2021, the Magistrate Judge issued a Report recommending dismissal of the
lawsuit for failure to prosecute or obey an order of the Court. Docket No. 4. The Plaintiff received
a copy of this Report on March 3, 2021 (Docket No. 5), but no objections have been received.
Plaintiff is therefore barred from de novo review by the Court of those findings, conclusions and
recommendations. Plaintiff is also barred from appellate review—except upon grounds of plain
error—of the unobjected-to factual findings and legal conclusions accepted and adopted by the
Court. Duarte v. City of Lewisville, Tex., 858 F.3d 348, 352 (5th Cir. 2017).
The Court has reviewed the pleadings in this cause and the Report of the Magistrate Judge.
Docket No. 4. 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. 1989), cert. denied, 492 U.S.
918 (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 therefore

.

ORDERED that the Report of the Magistrate Judge (Docket No. 4) is ADOPTED as the
opinion of the Court. It is further
ORDERED that 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.
So ORDERED and SIGNED this 3rd day of December, 2021.

____________________________________
ROBERT W. SCHROEDER III
UNITED STATES DISTRICT JUDGE

Page 2 of 2