Evans v. Wright

Filing 50

MEMORANDUM ADOPTING REPORT AND RECOMMENDATIONS for 39 Report and Recommendations of the United States Magistrate Judge, and Entering Final Judgment. ORDERED that the Defendants motion for summary judgment (docket no. 32) is GRANTED and the civil action is DISMISSED WITH PREJUDICE. Signed by Judge Michael H. Schneider on 9/29/2015. (gsg)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION CARL EVANS § v. § DR. GARY WRIGHT § CIVIL ACTION NO. 6:14cv566 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT The Plaintiff Carl Evans, proceeding pro se, filed this civil rights lawsuit under 42 U.S.C. §1983 complaining of alleged violations of his constitutional rights during his confinement 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. The sole named Defendant is Dr. Gary Wright. Evans complained that Dr. Wright was deliberately indifferent to his serious medical needs and discriminated against him in violation of the Americans with Disabilities Act. On August 18, 2015, the magistrate judge entered a report recommending that Dr. Wright’s motion for summary judgment be granted. Evans filed a motion for extension of time in which to object and was given until September 24, 2015. No objections have been filed despite Evans’ having more than ample time to do so; 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 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 and evidence in this cause and the report of the Magistrate Judge. Upon such review, the Court has determined that the report of the magistrate 1 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. 39) is ADOPTED as the opinion of the District Court. It is further ORDERED that the Defendant’s motion for summary judgment (docket no. 32) is GRANTED and the above-styled civil action is DISMISSED WITH PREJUDICE. Finally, it is ORDERED that any and all motions which may be pending in this action are hereby DENIED. SIGNED this 29th day of September, 2015. ____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE

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