Moss v. New Boston Police Department et al

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 11 Report and Recommendations. It is ORDERED that the above-captioned consolidated civil actions are DISMISSED WITHOUT PREJUDICE for failure to prosecute or to obey an order of the Court. Signed by District Judge Robert W. Schroeder, III on 5/9/2022. (slo, )

Case 5:21-cv-00122-RWS-CMC Document 13 Filed 05/09/22 Page 1 of 2 PageID #: 35

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION
DAQUIRI MOSS,
Plaintiff,
v.
NEW BOSTON POLICE DEPARTMENT,
et al.,
Defendants.

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CIVIL ACTION NO. 5:21-CV-00122-RWS-CMC
(consolidated with 5:21-CV-00124)

ORDER
Plaintiff Daquiri Moss, an inmate proceeding pro se, filed the above-styled and numbered
civil actions complaining of alleged violations of his constitutional rights. The cases were
consolidated and referred to the United States Magistrate Judge in accordance with 28 U.S.C.
§ 636.
On January 3, 2022, Plaintiff was ordered to pay an initial partial filing fee of $5.00, in
accordance with 28 U.S.C. § 1915(b). He received a copy of this order on January 5, 2022, but
did not comply. On March 28, 2022, the Magistrate Judge issued a Report recommending
dismissal of the lawsuit without prejudice for failure to prosecute or to obey an order of the Court.
Docket No. 11. Plaintiff received a copy of this Report on March 31, 2022, but no objections have
been received; accordingly, Plaintiff is barred from de novo review by the District Judge of those
findings, conclusions, recommendations and, except upon grounds of plain error, from appellate
review of the unobjected-to factual findings and legal conclusions accepted and adopted by the
District Court. Duarte v. City of Lewisville, Texas, 858 F.3d 348, 352 (5th Cir. 2017).
Nonetheless, the Court has reviewed the pleadings and the Magistrate Judge’s Report and

Case 5:21-cv-00122-RWS-CMC Document 13 Filed 05/09/22 Page 2 of 2 PageID #: 36

.
agrees with the Report. See United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir.), 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 accordingly
ORDERED that the Magistrate Judge’s Report (Docket No. 11) is ADOPTED as the
opinion of the Court. It is further
ORDERED that the above-captioned consolidated civil actions are DISMISSED
WITHOUT PREJUDICE for failure to prosecute or to obey an order of the Court.
So ORDERED and SIGNED this 9th day of May, 2022.

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ROBERT W. SCHROEDER III
UNITED STATES DISTRICT JUDGE

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