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)

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 MARKHAM, ET AL.

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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
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(1989) (where no objections to a magistrate judge’s report are filed, the standard of review is “clearly
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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.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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