Burton Jr. v. Fughuer et al
Filing
14
MEMORANDUM ADOPTING 12 Report and Recommendations of the US Magistrate Judge and Entering Final Judgment. This civil action is DISMISSED without prejudice for failure to prosecute or to obey an order of the Court. All motions pending in this action are DENIED. Signed by Judge Michael H. Schneider on 4/26/12. (leh, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
BOBBY E. BURTON JR.
§
v.
§
STEPHEN FUGHUER, ET AL.
§
CIVIL ACTION NO. 6:11cv452
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
The Plaintiff Bobby Burton, proceeding pro se, filed this civil rights lawsuit under 42 U.S.C.
§1983 complaining of alleged violations of his constitutional rights in the Texas Department of
Criminal Justice, Correctional Institutions Division. 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 Burton to pay an initial partial filing fee of $3.57, as required
by 28 U.S.C. §1915(b). The Magistrate Judge also directed Burton to file an amended complaint
setting out a short and plain statement of his claim. When Burton complied with neither of these
orders, 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. Burton received a copy of this
Report on February 24, 2012, 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 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 this 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. 12) 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. It is further
ORDERED that any and all motions which may be pending in this action are hereby
DENIED.
It is SO ORDERED.
SIGNED this 26th day of April, 2012.
____________________________________
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE
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