Johnson v. Markham et al

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 5 Report and Recommendations of the U S Magistrate Judge. 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. Signed by Judge Michael H. Schneider on 1/28/2015. (gsg)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION DONALD BERFORD JOHNSON § v. § OFFICER MARKHAM, ET AL. § CIVIL ACTION NO. 6:14cv582 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. Notice was sent to Johnson of the case assignment, but this notice was returned with the notation “returned to sender - refused - unable to forward.” When Johnson did not contact the Court, the magistrate judge issued a report recommending that Johnson’s lawsuit be dismissed without prejudice for failure to prosecute. A copy of this report was sent to Johnson at his last known address 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 1 (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. 5) 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. SIGNED this 28th day of January, 2015. ____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE 2

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