Johnson v. Callis et al

Filing 6

MEMORANDUM ADOPTING REPORT AND RECOMMENDATIONS for 4 Report and Recommendations. This case is dismissed with prejudice as malicious. The dismissal of this case shall not prevent Johnson from pursuing his claims in cause no. 6:14cv408. Ordered that the Clerk shall send a copy of this order to the Administrator of the Three Strikes List for the Eastern District of Texas. All motions which may be pending in this action are denied. Signed by Judge Michael H. Schneider on 7/31/14. (mjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
DONALD BERFORD JOHNSON

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v.

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OFFICER CALLIS, ET AL.

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CIVIL ACTION NO. 6:14cv548

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
The Plaintiff Donald Johnson, 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.
After review of the pleadings, the Magistrate Judge issued a Report recommending that the
lawsuit be dismissed with prejudice as malicious, inasmuch as Johnson has another lawsuit pending
concerning the same issues raised in the present case. A copy of the Magistrate Judge’s Report was
sent to Johnson 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 erroneous, abuse of discretion and contrary to law.”). It is accordingly
ORDERED that the Report of the Magistrate Judge (docket no. 4) 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 WITH
PREJUDICE as malicious. 28 U.S.C. §1915A. The dismissal of this case shall not prevent
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Johnson from pursuing his claims in cause no. 6:14cv408. It is further
ORDERED that the Clerk shall send a copy of this order to the Administrator of the Three
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 31st day of July, 2014.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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