Coker v. Unknown 2 et al

Filing 23

ORDER ADOPTING 21 Report and Recommendations, and granting 20 Motion to Dismiss filed by Ronald Ray Coker. This civil action is DISMISSED without prejudice. Any and all motions which may be pending in this action are hereby DENIED. Signed by Judge Leonard Davis on 08/05/13. (mll, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
RONALD RAY COKER

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v.

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UNKNOWN 2, ET AL.

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CIVIL ACTION NO. 6:12cv844

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
The Plaintiff Ronald Coker, 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.
On July 2, 2013, Coker filed a motion asking that his lawsuit be dismissed. On July 3, the
Magistrate Judge issued a Report recommending that the motion to dismiss be granted and that the
lawsuit be dismissed without prejudice. Coker received a copy of this Report on July 10, 2013, 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).
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. See
United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir.), cert. denied, 492 U.S. 918, 109 S.Ct. 3243

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(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. 21) is hereby ADOPTED as
the opinion of the District Court. It is further
ORDERED that the Plaintiff’s motion for voluntary dismissal (docket no. 20) is GRANTED
and the above-styled civil action be and hereby is DISMISSED without prejudice on the motion of
the Plaintiff. It is further
ORDERED that any and all motions which may be pending in this action are hereby
DENIED.
So ORDERED and SIGNED this 5th day of August, 2013.

__________________________________
LEONARD DAVIS
UNITED STATES DISTRICT JUDGE

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