Fields v. McKee
MEMORANDUM AND OPINION and ORDER ADOPTING 8 Report and Recommendations of the United States Magistrate Judge. ORDERED that the 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 2/12/2015. (gsg)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
CIVIL ACTION NO. 6:14cv828
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
The Plaintiff Wesley Fields, 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
The magistrate judge ordered Fields to file an amended complaint and to pay the filing fee
or seek leave to proceed in forma pauperis in a proper manner. When Fields did not comply with
these orders, the magistrate judge issued a report recommending that the lawsuit be dismissed
without prejudice for failure to prosecute. A copy of this report was sent to Fields at his last known
address, return receipt requested, but no objections have been received; accordingly, Fields 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
(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. 8) 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. It is further
ORDERED that any and all motions which may be pending in this action are hereby
SIGNED this 12th day of February, 2015.
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE
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