Balle v. Quarterman et al

Filing 16

ORDER ADOPTING 14 Report and Recommendations, and dismissing without prejudice for failure to prosecute or to obey an order of the Court. Any and all motions which may be pending in this action are hereby DENIED. Signed by Judge Leonard Davis on 11/25/08. cc:pltf 11-25-08(mll, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION JESUS IVAN BALLE v. NATHANIEL QUARTERMAN, ET AL. § § § CIVIL ACTION NO. 6:08cv60

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT The Plaintiff Jesus Balle, 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. On April 17, 2008, the Court ordered Balle to file an amended complaint setting out his claims with more factual specificity. Balle filed motions for extensions of time in which to comply on May 6 and June 30, 2008, both of which were granted; Balle was given until August 29, 2008, in which to comply, but to date has not done so. On September 9, 2008, the Magistrate Judge issued a Report recommending that the lawsuit be dismissed without prejudice for failure to prosecute or to obey an order of the Court. A copy of this Report was sent to Balle at his last known address, return receipt requested, but no objections have been received; accordingly, Balle 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. Douglass v. United Services Automobile Association, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc). 1

The Court has reviewed the pleadings in this cause as well as the Report of the Magistrate Judge. Upon such review, the Court has concluded that the Report of the Magistrate Judge is correct. It is accordingly ORDERED that the Report of the Magistrate Judge is ADOPTED as the opinion of the District Court. It is further ORDERED that the above-styled civil action be and hereby is DISMISSED without prejudice for failure to prosecute or to obey an order of the Court. Rule 41(b), Fed. R. Civ. P. Finally, it is ORDERED that any and all motions which may be pending in this action are hereby DENIED.
So ORDERED and SIGNED this 25th day of November, 2008.

__________________________________ LEONARD DAVIS UNITED STATES DISTRICT JUDGE

2