Richardson v. Leach et al

Filing 57

MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATIONS. The report of the magistrate judge 55 is ADOPTED as the opinion of the District Court. The motion for summary judgment filed by the Defendant Tim Bryan 36 and the motion to dismiss filed by th e Defendants Andrew Leach and Darrell Williams 48 are GRANTED and the above-styled civil action is DISMISSED WITH PREJUDICE. Any and all motions which may be pending in this action are hereby DENIED. Signed by Judge Michael H. Schneider on 03/07/16. (mll, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
SHANNON GUESS RICHARDSON

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v.

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ANDREW LEACH, ET AL.

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CIVIL ACTION NO. 6:15cv202

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
The Plaintiff Shannon Richardson, proceeding pro se, filed this civil rights lawsuit under 42
U.S.C. §1983 complaining of alleged violations of her 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 magistrate judge analyzed the pleadings and documents in the case and issued a report
recommending that the lawsuit be dismissed with prejudice. Richardson received a copy of this
report on January 14, 2016, but filed no objections thereto; accordingly, she 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 record 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
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ORDERED that the report of the magistrate judge (docket no. 55) is ADOPTED as the
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opinion of the District Court. It is further
ORDERED that the motion for summary judgment filed by the Defendant Tim Bryan
(docket no. 36) and the motion to dismiss filed by the Defendants Andrew Leach and Darrell
Williams (docket no. 48) are GRANTED and the above-styled civil action is DISMISSED WITH
PREJUDICE. It is further
ORDERED that any and all motions which may be pending in this action are hereby
DENIED.
SIGNED this 7th day of March, 2016.

____________________________________
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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