Slack v. Baker et al

Filing 70

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 69 Report and Recommendations of the United States Magistrate Judge. ORDERED that the Defendants motion for summary judgment is GRANTED and that the civil action is DISMISSED with prejudice. Any and all motions which may be pending in this action are hereby DENIED. Signed by Judge Michael H. Schneider on 6/14/2011. (gsg)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
REGINALD SLACK

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v.

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EDDIE BAKER, ET AL.

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CIVIL ACTION NO. 6:09cv72

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
The Plaintiff Reginald Slack, 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.
Slack complained of an incident involving a bus crash at the Michael Unit on January
30, 2008. The Defendants were ordered to answer the lawsuit and did so. On March 16, 2011, the
Defendants filed a motion for summary judgment, to which Slack did not file a response.
After review of the motion and the competent summary judgment evidence, the
Magistrate Judge issued a Report on May 9, 2011, recommending that the Defendants’ motion for
summary judgment be granted and that the lawsuit be dismissed. A copy of this Report was sent to
Slack at his last known address, return receipt requested, but no objections have been received;
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 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).

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The Court has carefully reviewed the pleadings and documents in this case, 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 (docket no. 69) is hereby
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ADOPTED as the opinion of the District Court. It is further
ORDERED that the Defendants’ motion for summary judgment (docket no. 64) is
GRANTED and that the above-styled civil action be and hereby is DISMISSED with prejudice. It
is further
ORDERED that any and all motions which may be pending in this action are hereby
DENIED.
SIGNED this 14th day of June, 2011.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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