Clary v. Shaw et al

Filing 10

MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATION OF U. S. MAGISTRATE JUDGE. It is ordered that this civil action is dismissed without prejudice for failure to prosecute or to obey an order of the Court. Signed by Judge Ron Clark on 3/3/17. (mrp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
RANDY GLENN CLARY

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v.

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CATRINA SHAW, ET AL.

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CIVIL ACTION NO. 6:15cv738

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
The Plaintiff Randy Clary, a former inmate of the Bradshaw State Jail, filed this 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 Magistrate Judge issued a Report recommending that the lawsuit be dismissed for
failure to prosecute or to obey an order of the Court. A copy of the Report was sent to Clary at his
last known address, return receipt requested, but was returned as undeliverable with the notation
that Clary had been released. To date, Clary has not contacted the Court, nor advised the Court
of his current mailing address or present whereabouts.
Because no objections were filed to the Report, 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 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
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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 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. It is further
ORDERED that any and all motions which may be pending in this civil action are hereby
DENIED.

So Ordered and Signed
Mar 3, 2017

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