Gober v. Thompson

Filing 9

MEMORANDUM ORDER adopting 7 Report and Recommendation. Ordered that the civil action 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. Signed by Judge Ron Clark on 1/11/2017. (bjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
BRANDON GOBER

§

v.

§

MELVIN THOMPSON

§

CIVIL ACTION NO. 6:16cv1056

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
The Plaintiff Brandon Gober, proceeding pro se, 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.
Gober was ordered to pay the statutory filing fee of $400.00 or to submit an application for
leave to proceed in forma pauperis which was accompanied by a certified inmate trust account data
sheet from an authorized official of the prison, as required by 28 U.S.C. §1915(b). When he
did not comply with this order despite receiving a copy of it, 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. Gober 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).

1

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. 7) 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
Jan 11, 2017

2