Estrada v. Miller et al
Filing
5
MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATIONS. The report of the magistrate judge 2 is ADOPTED as the opinion of the District Court. The above-styled civil action is DISMISSED WITHOUT PREJUDICE for failure to state a claim upon which relief may be granted. The Clerk shall send a copy of this order to the Administrator of the Strikes List for the Eastern District of Texas. Any and all motions which may be pending in this action are hereby DENIED. Signed by Judge Michael H. Schneider on 05/05/15. (mll, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
JOE SALINAS ESTRADA #835624
§
v.
§
ELIZABETH MILLER, ET AL.
§
CIVIL ACTION NO. 6:14cv208
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
The Plaintiff Joe Estrada, 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.
Estrada complained of the legality of his confinement. After review of the pleadings, the
magistrate judge issued a report recommending that the lawsuit be dismissed without prejudice for
failure to state a claim because the relief he seeks is only available through habeas corpus. A copy
of this report was sent to Estrada at his last known address, return receipt requested, but no
objections have been received; accordingly, Estrada 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 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
1
(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. 2) is ADOPTED as the
opinion of the District Court. It is further
.
ORDERED that the above-styled civil action is DISMISSED WITHOUT PREJUDICE
for failure to state a claim upon which relief may be granted. It is further
ORDERED that the Clerk shall send a copy of this order to the Administrator of the Strikes
List for the Eastern District of Texas. 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 5th day of May, 2015.
____________________________________
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE
2
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