Scales v. Richy et al

Filing 4

MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATIONS. The report of the magistrate judge is ADOPTED as the opinion of the District Court. The above-styled 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 hereby DENIED. Signed by Judge Michael H. Schneider on 08/25/15. (mll, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
KEVIN SCALES

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v.

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LINDA RICHY, ET AL.

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CIVIL ACTION NO. 6:14cv324

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
The Plaintiff 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.
This case was severed out of a complaint brought by multiple individuals. Plaintiff was
ordered to amend his complaint to set out his individual claims, and to pay the filing fee or seek
leave to proceed in forma pauperis in a proper manner. When he did not comply, the magistrate
judge issued a report recommending that the lawsuit be dismissed. A copy of this report was sent to
Plaintiff at his last known address, return receipt requested, but no objections have been received;
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 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
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erroneous, abuse of discretion and contrary to law”). It is accordingly
ORDERED that the report of the magistrate judge 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 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.
SIGNED this 25th day of August, 2015.

____________________________________
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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