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, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
JUVENAL GUEVARA JR.

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v.

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WARDEN BAKER, ET AL.

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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

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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.

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Ron Clark, United States District Judge

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