Roney v. Sgt Flowers et al

Filing 8

MEMORANDUM ADOPTING 6 Report and Recommendations of the US Magistrate Judge and Entering Final Judgment. It is ORDERED that 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 1/3/12. (leh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
ANTHONY SHANTE RONEY

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v.

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SGT. FLOWERS, ET AL.

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CIVIL ACTION NO. 6:11cv498

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
The Plaintiff Anthony Roney, 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 Roney to pay the filing fee of $350.00 or submit an inmate
trust account data sheet certified by an authorized official of the prison, but Roney did not comply
with this order. The Magistrate Judge thereupon issued a Report recommending that the lawsuit be
dismissed for failure to prosecute or to obey an order of the Court. Roney received a copy of this
Report on December 1, 2011, 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. 6) is hereby ADOPTED as
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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 3rd day of January, 2012.

____________________________________
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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