Griffis v. Carnes et al

Filing 23

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Report of the Magistrate Judge 21 is hereby ADOPTED as the opinion of the District Court. Defendants' motion for summary judgment 14 is GRANTED and the above-styled civil action is hereby DISMISSED WITH PREJUDICE. Any and all motions which may be pending in this action are DENIED. Signed by Judge Michael H. Schneider on 06/27/14. (mll, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
PHILLIP WAYNE GRIFFIS

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v.

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JOHN CARNES, ET AL.

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CIVIL ACTION NO. 6:13cv932

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
The Plaintiff Phillip Griffis, 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.
Griffis complained of an alleged use of force incident carried out by officers of the City of
Tyler Police Department. The Defendants answered the lawsuit and filed a motion for summary
judgment based on the expiration of the statute of limitations. After review of the pleadings and the
summary judgment evidence, the Magistrate Judge issued a Report recommending that the motion
for summary judgment be granted and the lawsuit dismissed with prejudice.
Griffis received a copy of the Magistrate Judge’s Report on May 28, 2014, 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 determined 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. 21) is hereby ADOPTED
as the opinion of the District Court. It is further
.
ORDERED that the Defendants’ motion for summary judgment (docket no. 14) be and
hereby is GRANTED and that the above-styled civil action is hereby DISMISSED WITH
PREJUDICE. 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 27th day of June, 2014.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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