Harris v. Gregg County Jail

Filing 9

MEMORANDUM ADOPTING REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE for 8 Report and Recommendations, and Entering Final Judgment. Signed by Judge Michael H. Schneider on 10/27/2009. (gsg)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION GERALD HARRIS v. GREGG COUNTY JAIL § § § CIVIL ACTION NO. 6:09cv174

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT The Plaintiff Gerald Harris, proceeding pro se, filed this civil rights lawsuit under 42 U.S.C. §1983 complaining of alleged deprivations 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. The Magistrate Judge ordered Harris to pay the filing fee of $350.00 or to file an application for leave to proceed in forma pauperis which was accompanied by a certified inmate trust account data sheet from the institution in which he was confined. When Harris did not respond to this order, the Magistrate Judge issued a Report on August 3, 2009, recommending that the lawsuit be dismissed. A copy of this Report was sent to Harris at his last known address, return receipt requested, but no objections were received; accordingly, Harris 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 reviewed the pleadings in the cause and 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. 8) is hereby ADOPTED as the opinion of the District Court. It is further ORDERED that the above-styled civil rights lawsuit be and hereby is DISMISSED without prejudice. It is further ORDERED that any and all motions which may be pending in this cause are hereby DENIED. SIGNED this 27th day of October, 2009.

____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE

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