Chavez v. Pierce et al

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Report of the Magistrate Judge 15 is hereby ADOPTED as the opinion of the District Court. This civil action is DISMISSED WITHOUT PREJUDICE for failure to prosecute or to obey an order of the Court. Any and all motions which may be pending in this action are herebyDENIED. Signed by Judge Michael H. Schneider on 01/07/14. (mll, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
EMILIO CHAVEZ

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v.

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BILL PIERCE, ET AL.

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CIVIL ACTION NO. 6:13cv522

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
The Plaintiff Emilio Chavez, proceeding pro se, filed this civil rights lawsuit under 42 U.S.C.
§1983 complaining of alleged violations of his constitutional rights. 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 August 22, 2013, Chavez was ordered to pay an initial partial filing fee of $12.00 or to
show good cause for his failure to do so. When Chavez did not comply, the Magistrate Judge issued
a Report on October 2, 2013 recommending that the lawsuit be dismissed without prejudice for
failure to prosecute or to obey an order of the Court. Chavez received a copy of the Magistrate
Judge’s Report on or before October 11, 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 unobjectedto proposed 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 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
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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. 15) is hereby ADOPTED
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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 7th day of January, 2014.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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