Benton v. Texas Department of Criminal Justice et al
MEMORANDUM adopting 5 Report and Recommendation. This action is dismissed without prejudice for failure to prosecute or to obey an order of the Court. Any motion still pending in this action is denied. Signed by Judge Ron Clark on 1/9/17. (tkd, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TEXAS DEPARTMENT OF CRIMINAL
JUSTICE, ET AL.
CIVIL ACTION NO. 6:16cv894
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
This lawsuit was severed out of a larger civil action and was referred by the Court 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.
The Magistrate Judge directed the Plaintiff to file an amended complaint and to pay the statutory
filing fee or seek leave to proceed in forma pauperis, but the Plaintiff did not comply with these
After review of the record, 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. The
Plaintiff 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).
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. 5) 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
So Ordered and Signed
Jan 9, 2017
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