Robeson v. Rusk State Hospital Medical Records et al
Filing
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ORDER ADOPTING REPORT AND RECOMMENDATIONS for 11 Report and Recommendations of the United States Magistrate Judge, and entering Final Judgment. ORDERED that the civil action is DISMISSED without prejudice. Signed by Judge Michael H. Schneider on 3/8/2013. (gsg)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
WALTER ROBESON
§
v.
§
RUSK STATE MENTAL HOSPITAL
RECORDS, ET AL.
§
CIVIL ACTION NO. 6:12cv736
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
The Plaintiff Walter Robeson, 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 Robeson to pay the statutory filing fee or to submit an
application for leave to proceed in forma pauperis. The Magistrate Judge also directed that Robeson
file an amended complaint setting out a short and plain statement of his claims. Robeson did not
comply with these orders, nor did he respond in any way.
On February 4, 2013, 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 Robeson at his last known address, return receipt requested, but no objections
have been received; accordingly, Robeson 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
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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 in this cause and the Report of the Magistrate Judge.
Upon such review, the Court has determined that the Report of the Magistrate Judge is correct. See
United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir.), cert. denied, 492 U.S. 918, 109 S.Ct. 3243
(1989) (where no objections to a Magistrate Judge’s Report are filed, the standard of review is
“clearly erroneous, abuse of discretion and contrary to law.”). It is accordingly
ORDERED that the Report of the Magistrate Judge (docket no. 11) 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.
It is SO ORDERED.
SIGNED this 8th day of March, 2013.
____________________________________
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE
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