Jackson v. Cerliano et al

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 8 Report and Recommendations of the United States Magistrate Judge. ORDERED that the civil action is DISMISSED without prejudice for failure to prosecute or to obey an order of the Court, and all motions which may be pending in this action are hereby DENIED. Signed by Judge Michael H. Schneider on 5/6/2011. (gsg)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
SHANNON LAMAR JACKSON

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v.

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SHERIFF MAXEY CERLIANO, ET AL.

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CIVIL ACTION NO. 6:11cv112

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
The Plaintiff Shannon Jackson, proceeding pro se, filed this civil rights lawsuit under
42 U.S.C. §1983 complaining of alleged violations of his constitutional rights during his
confinement in the Gregg County Jail. 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 March 16, 2011, the Magistrate Judge ordered Jackson to pay the statutory
$350.00 filing fee or to submit an inmate trust account data sheet which was certified by an official
in the institution in which he was confined, pursuant to 28 U.S.C. §1915(b). A copy of this order
was sent to Jackson at his last known address, return receipt requested, but was returned with the
notation “not deliverable as addressed - unable to forward.” To date, Jackson has not complied with
the order, nor has he notified the Court of his present mailing address or current whereabouts.
On April 6, 2011, 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 Jackson 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
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by the district court. Douglass v. United Services Automobile Association, 79 F.3d 1415, 1430 (5th
Cir. 1996) (en banc).
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
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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 action be and hereby is DISMISSED without
prejudice for failure to prosecute or to obey an order of the Court. Finally, it is
ORDERED that any and all motions which may be pending in this action are hereby
DENIED.
SIGNED this 6th day of May, 2011.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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