Guevara v. Micheal Unit et al

Filing 21

MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATION OF U. S. MAGISTRATE JUDGE. It is ordered that this civil action be dismissed without prejudice for failure to prosecute or to obey an order of the Court. Signed by Judge Ron Clark on 11/17/16. (mrp, )

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION JUVENAL GUEVARA JR. § v. § WARDEN BAKER, ET AL. § CIVIL ACTION NO. 6:16cv68 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT The Plaintiff Juvenal Guevara 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. Guevara was ordered to furnish a certified inmate trust account data sheet and to file an amended complaint setting out a short and plain statement of his claims. When he did not comply with these orders, 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. In response to this Report, Guevara wrote a letter stating that he submitted an application for leave to proceed in forma pauperis with his complaint. He does not mention either a data sheet or an amended complaint, but states that he likes waking up in the morning even though he spits out blood. Guevara refers to persons using their “soul body” or “spirit body” to do a lot of physical harm or even killing a person, a theme which also appears in his original complaint, and asks “how can a person protect his rights while u are in denial right know [sic] on the 37 to 39 word backwards?” Records show that Guevara is currently at the Skyview Unit, a prison psychiatric 1 facility. If Guevara’s letter is construed as objections to the Magistrate Judge’s Report, such objections are without merit. The Court has conducted a careful de novo review of the pleadings in this case, including the original complaint, the Report of the Magistrate Judge, and the Plaintiff’s letter (docket no. 20) which has been construed as objections to the Report. Upon such de novo review, the Court has concluded that the Report of the Magistrate Judge is correct and the Plaintiff’s objections are without merit. It is accordingly ORDERED that the Plaintiff’s objections are overruled and the Report of the Magistrate Judge (docket no. 17) is ADOPTED as the opinion of the District Court. It is further ORDERED that the that the above-styled civil action be and hereby is DISMISSED WITHOUT PREJUDICE for failure to prosecute or to obey an order of the Court. ORDERED that any and all motions which may be pending in this action are hereby DENIED. So ORDERED and SIGNED this 17 day of November, 2016. ___________________________________ Ron Clark, United States District Judge 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?