Herrera v. Michael Unit Law Library et al

Filing 15

MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATIONS. The report of the magistrate judge 12 is ADOPTED as the opinion of the District Court. The above-styled civil action is DISMISSED WITHOUT PREJUDICE for failure to prosecute or to obey an order of the Court. Any and all motions which may be pending in this action are hereby DENIED. Signed by Judge Michael H. Schneider on 03/21/16. (mll, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
RICHARD HERRERA

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v.

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MICHAEL UNIT LAW LIBRARY, ET AL.

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CIVIL ACTION NO. 6:15cv272

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
The Plaintiff Richard Herrera, 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.
Herrera was ordered to file an amended complaint and to pay the filing fee or furnish a
properly certified in forma pauperis data sheet, but he did not comply. The magistrate judge issued
a report recommending that the lawsuit be dismissed without prejudice for failure to prosecute or
to obey an order of the Court. Herrera 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
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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. 12) is ADOPTED as the
opinion of the District Court. It is further
ORDERED that the above-styled civil action 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 21st day of March, 2016.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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