Warfield v. Livingston
Filing
22
MEMORANDUM AND OPINION and ORDER ADOPTING 21 Report and Recommendations of the United States Magistrate Judge. ORDERED that the civil action be and hereby s DISMISSED WITHOUT PREJUDICE on the motion of the Plaintiff. Signed by Judge Michael H. Schneider on 2/12/2015. (gsg)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
MARK ADRIAN WARFIELD
§
v.
§
BRAD LIVINGSTON, ET AL.
§
CIVIL ACTION NO. 6:14cv542
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
The Plaintiff Mark Warfield, 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.
Warfield filed a motion asking that his lawsuit be dismissed. The magistrate judge issued a
report recommending that this motion be granted and the lawsuit dismissed without prejudice. No
objections were filed to this Report; accordingly, the parties are 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
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.
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 above-styled civil action be and hereby is DISMISSED WITHOUT
PREJUDICE on the motion of the Plaintiff. It is further
ORDERED that any and all motions which may be pending in this action are hereby
DENIED.
SIGNED this 12th day of February, 2015.
____________________________________
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE
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