Tucker v. Rupert et al

Filing 4

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Report of the Magistrate Judge 3 is hereby 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 Leonard Davis on 09/15/14. (mll, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION GEORGE L. TUCKER, II § v. § JOHN RUPERT, ET AL. § CIVIL ACTION NO. 6:14cv392 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT The Plaintiff George Tucker, 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. This lawsuit was originally filed by 38 inmates and was severed into its component parts, creating one new case for each plaintiff. The order of severance directed each of the plaintiffs, including Tucker, to file an amended complaint and to pay the filing fee or to seek leave to proceed in forma pauperis. When Tucker did not comply with this order, the Magistrate Judge issued a Report recommending that this lawsuit be dismissed without prejudice for failure to prosecute or to obey an order of the Court. A copy of this Report was sent to Tucker 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 (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. 3) is hereby ADOPTED 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. So ORDERED and SIGNED this 15th day of September, 2014. __________________________________ LEONARD DAVIS UNITED STATES DISTRICT JUDGE 2

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