Townsend v. Westbrook et al

Filing 10

MEMORANDUM adopting 8 Report and Recommendation. Signed by Judge Ron Clark on 3/6/17. (tkd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
ANTHONY TOWNSEND

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v.

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AMY WESTBROOK, ET AL.

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CIVIL ACTION NO. 6:15cv834

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
The Plaintiff Anthony Townsend, 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.
Townsend was ordered to pay an initial partial filing fee of $12.80 in conformity with 28
U.S.C. §1915(b). By separate order, Townsend was directed to file an amended complaint setting
out a short and plain statement of his claim. Although Townsend received copies of these orders,
he has not complied, nor has he responded in any way.
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. Townsend 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).

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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 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.
So ORDERED and SIGNED this 6 day of March, 2017.

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Ron Clark, United States District Judge

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