Glidden v. Cerliano et al

Filing 39

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 17 Report and Recommendations of the United States Magistrate Judge, and DENYING AS MOOT 10 Motion for Preliminary Injunction filed by Shawn Christian Glidden. Signed by Judge Michael H. Schneider on 3/3/2016. (gsg)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION SHAWN GLIDDEN § v. § MAXEY CERLIANO, ET AL. § CIVIL ACTION NO. 6:14cv894 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ORDER DENYING PLAINTIFF’S MOTION FOR INJUNCTIVE RELIEF The Plaintiff Shawn Glidden, proceeding pro se, filed this civil rights lawsuit under 42 U.S.C. §1983 complaining of alleged deprivations of his constitutional rights. This Court ordered that the matter 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. Glidden, a former inmate of the Gregg County Jail, filed a motion for injunctive relief asking that the Court order law library access for him. After the motion was filed, Glidden was transferred out of the jail. The magistrate judge issued a report recommending that the motion for injunctive relief be denied as moot. No objections were filed to the report; accordingly, the parties are 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 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) 1 . (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. 17) is ADOPTED as the opinion of the District Court. It is further ORDERED that the Plaintiff’s motion for injunctive relief (docket no. 10) is hereby DENIED as moot. SIGNED this 3rd day of March, 2016. ____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE 2

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