Guevara v. State of Texas

Filing 16

MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATION OF THE U. S. MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT. 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 5/31/17. (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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STATE OF TEXAS, ET AL.

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CIVIL ACTION NO. 6:16cv386

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
The Plaintiff Juvenal Guevara, proceeding pro se, filed this civil rights lawsuit under 42
U.S.C. §1983 complaining of alleged violations of his constitutional rights. This Court referred the
case 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 file an amended complaint setting out a short and plain statement
of his claim in conformity with Fed. R. Civ. P. 8(a). When he did not comply with this order, the
Magistrate Judge issued a Report recommending that the lawsuit be dismissed for failure to
prosecute or to obey an order of the Court. At the same time the Report issued, the Magistrate Judge
also ordered Guevara to pay an initial partial filing fee of $2.16. Guevara has not complied with the
order to amend or the order assessing the initial partial filing fee, nor did he file objections to the
Report.
Because Guevara did not file objections to the Report, 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. 13) 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
May 31, 2017

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