Washington v. Gooch et al

Filing 10

ORDER ADOPTING 7 Report and Recommendations, and dismissing with prejudice for purposes of proceeding IFP. Any and all motions which may be pending in this action are hereby DENIED. Signed by Judge Leonard Davis on 04/14/10. cc:pltf 4-15-10(mll, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION SAMMY L. WASHINGTON JR. v. ERIC GOOCH, ET AL. § § § CIVIL ACTION NO. 6:09cv568

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT The Plaintiff Sammy Washington, proceeding pro se, filed this lawsuit complaining of alleged 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. Washington acknowledged in his lawsuit that he had not exhausted his available administrative remedies prior to filing the case. On February 23, 2010, the Magistrate Judge issued a Report recommending that the lawsuit be dismissed for failure to exhaust administrative remedies. Washington received a copy of this Report on March 9, 2010, but 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 appellate review of the unobjected-to proposed 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). The Court has reviewed the pleadings and the Report of the Magistrate Judge in this case and has determined that this Report is correct. It is accordingly

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ORDERED that the Report of the Magistrate Judge is hereby ADOPTED as the opinion of the District Court. It is further ORDERED that the above-styled civil action be and hereby is DISMISSED with prejudice for purposes of proceeding in forma pauperis. It is further ORDERED that any and all motions which may be pending in this action are hereby DENIED. So ORDERED and SIGNED this 14th day of April, 2010.

__________________________________ LEONARD DAVIS UNITED STATES DISTRICT JUDGE

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