Fountain v. Livingston et al

Filing 31

MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Report of the Magistrate Judge 29 is ADOPTED as the opinion of the District Court. The Plaintiff's motion for voluntary dismissal 25 is GRANTED and the above-styled civil action is DISMISSED WITHOUT PREJUDICE. Any and all motions which may be pending in this action are hereby DENIED. Signed by Judge Michael H. Schneider on 02/13/14. (mll, ) Modified on 2/13/2014 (mll, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
FREDDIE FOUNTAIN

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v.

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BRAD LIVINGSTON, ET AL.

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CIVIL ACTION NO. 6:13cv588

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
The Plaintiff Freddie Fountain, 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 December 9, 2013, Fountain filed a motion asking that his lawsuit be dismissed. On
December 17, 2013, the Magistrate Judge issued a Report recommending that the motion to dismiss
be granted and that the lawsuit be dismissed without prejudice. Fountain received a copy of this
Report on December 20, 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. 29) is ADOPTED as the
opinion of the District Court. It is further
.
ORDERED that the Plaintiff’s motion for voluntary dismissal (docket no. 25) is hereby
GRANTED and the above-styled civil action is DISMISSED WITHOUT PREJUDICE. 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 13th day of February, 2014.

____________________________________
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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