Guillory v. Holmes

Filing 9

ORDER adopting Report and Recommendations for 8 Report and Recommendations. Signed by District Judge Rodney Gilstrap on 3/4/2025. (psm)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION
TRENT GUILLORY,

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Plaintiff,
v.
LT. HOLMES,
Defendant.

Case No. 5:24-cv-00158-JRG-JBB

ORDER OF DISMISSAL
Plaintiff Trent Guillory, an inmate now confined in the Texas Department of Criminal Justice
- Correctional Institutions Division proceeding pro se, filed this civil rights lawsuit under 42 U.S.C.
§ 1983 complaining of alleged violations of his constitutional rights. The lawsuit was referred to
United States Magistrate Judge J. Boone Baxter.
On January 17, 2025, the Magistrate Judge issued a Report and Recommendation,
recommending the above lawsuit be dismissed without prejudice for failure to exhaust
administrative remedies as well as for failure to prosecute or to obey an order of the Court. Docket
No. 8 at 3. A copy of this Report was sent to Plaintiff at his last known address, but no objections
have been received. The Fifth Circuit has explained that where a letter is properly placed in the
United States mail, a presumption exists that the letter reached its destination in the usual time and
was actually received by the person to whom it was addressed. Faciane v. Sun Life Assurance
Company of Canada, 931 F.3d 412, 420-21 and n.9 (5th Cir. 2019). Because no objections have
been filed, Plaintiff 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 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).
The Court has reviewed the pleadings in this cause and the Report and Recommendation of

the Magistrate Judge. Upon such review, the Court has determined that 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 (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 and Recommendation of the Magistrate Judge (Docket No. 8)
is ADOPTED as the opinion of the District Court. It is further
ORDERED that the above-styled civil action is DISMISSED without prejudice for failure to
exhaust administrative remedies as well as 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 this
Mar 4, 2025

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