Marshall v. Laflorce
Filing
14
MEMORANDUM AND OPINION and ORDER ADOPTING 12 Report and Recommendations of the United States Magistrate Judge. ORDERED that the civil action is DISMISSED WITH PREJUDICE as frivolous and for failure to state a claim upon which relief may be granted. 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
MARVIN MARSHALL #1193435
§
v.
§
LARRY LaFLORCE
§
CIVIL ACTION NO. 6:14cv696
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
The Plaintiff Marvin Marshall, 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. The sole named defendant is a TDCJ official identified as Larry LaFlorce.
After review of the pleadings, the magistrate judge issued a report recommending that the
lawsuit be dismissed with prejudice as frivolous and for failure to state a claim upon which relief
may be granted because the statute of limitations has expired. Marshall received a copy of this report
but filed no objections thereto; 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. 12) 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 frivolous and for failure to state a claim upon which relief may be granted. 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.
SIGNED this 12th day of February, 2015.
____________________________________
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE
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