Black v. Thompson et al

Filing 18

ORDER ADOPTING 16 Report and Recommendations. This civil action is DISMISSED 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 01/20/09. cc:pltf 1-21-09(mll, )

IN THE UNITED STATES DISTRICT COURT F O R THE EASTERN DISTRICT OF TEXAS T Y L E R DIVISION J O H N RUFUS BLACK v. RAYMOND THOMPSON, ET AL. § § § CIVIL ACTION NO. 6:08cv392

M E M O R A N D U M ADOPTING REPORT AND RECOMMENDATION O F THE UNITED STATES MAGISTRATE JUDGE A N D ENTERING FINAL JUDGMENT T he Plaintiff John Rufus Black, proceeding pro se, filed this lawsuit complaining of a lleged violations of his constitutional rights. This Court ordered that the matter 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 October 16, 2008, Black was ordered to file an amended complaint setting out his cla im s with more factual specificity. When Black did not comply with this order, the Magistrate Judge issu ed a Report recommending that the lawsuit be dismissed without prejudice for failure to prosecute or to obey an order of the Court. Black received a copy of this Report on or before December 18, 2008, bu t 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 a ppella te review of the unobjected-to proposed factual findings and legal conclusions accepted and a dopted by the district court. Douglass v. United Services Automobile Association, 79 F.3d 1415, 1 4 3 0 (5th Cir. 1996) (en banc). The Court has reviewed the pleadings and the Report of the Magistrate Judge in this case a nd has determined that this Report is correct. It is accordingly ORDERED that the Report of the Magistrate Judge is hereby ADOPTED as the opinion o f the District Court. It is further

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O R D E R E D that the above-styled civil action be and hereby is DISMISSED without preju dice for failure to prosecute or to obey an order of the Court. Rule 41(b), Fed. R. Civ. P. It is fu r th er ORDERED that any and all motions which may be pending in this action are hereby D E N IE D .

So ORDERED and SIGNED this 20th day of January, 2009.

__________________________________ LEONARD DAVIS UNITED STATES DISTRICT JUDGE

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