Andrews et al v. Texas Department of Criminal Justice Institutional Division

Filing 16

MEMORANDUM ORDER adopting 11 and for 13 Reports and Recommendations. The claims of pltf Alvin Andrews are dismissed without prejudice for failure to prosecute or to obey an order of the Court. The claims of pltf Willie Andrews are dismissed with prejudice for purposes of proceeding in forma pauperis and for failure to state a claim upon which relief can be granted. Any pending motions are denied. Signed by Judge Ron Clark on 11/17/16. (tkd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
ALVIN LEE ANDREWS, ET AL.

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v.

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TEXAS DEPARTMENT OF CRIMINAL
JUSTICE, CORRECTIONAL
INSTITUTIONS DIVISION

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CIVIL ACTION NO. 6:16cv96

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MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
The Plaintiffs Willie Howard Andrews and Alvin Lee Andrews filed this civil rights lawsuit
under 42 U.S.C. §1983 complaining of alleged violations of their 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.
Alvin Andrews was ordered to submit a certified inmate trust account data sheet in support
of his application for leave to proceed in forma pauperis, as required by 28 U.S.C. §1915(b), but
failed to do so. The Magistrate Judge issued a Report recommending that Alvin Andrews’ claims
be dismissed without prejudice for failure to prosecute or to obey an order of the Court, and
Andrews did not object; 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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Willie Andrews complained that he received prison disciplinary action for the same conduct
for which he received additional criminal charges, claiming that this amounted to double jeopardy.
He also complained that he was denied due process because he received consecutive sentences.
The Magistrate Judge determined that Willie Andrews’ allegations lacked any arguable basis
in law and failed to state a claim upon which relief may be granted, and that these claims should
therefore be dismissed as frivolous and for failure to state a claim. A copy of this Report was sent
to Andrews at his last known address, return receipt requested, but no objections have been received;
accordingly, Willie Andrews is also 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, 79 F.3d at 1430.
The Court has reviewed the pleadings in this cause and the Reports of the Magistrate Judge.
Upon such review, the Court has determined that the Reports of the Magistrate Judge are 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 Reports of the Magistrate Judge (docket no.’s 11 and 13) are
ADOPTED as the opinion of the District Court. It is further
ORDERED that the claims of the Plaintiff Alvin Andrews are DISMISSED WITHOUT
PREJUDICE for failure to prosecute or to obey an order of the Court. It is further
ORDERED that the claims of the Plaintiff Willie Andrews are DISMISSED WITH
PREJUDICE for purposes of proceeding in forma pauperis as frivolous and for failure to state a
claim upon which relief may be granted. Finally, it is

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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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