Pierce v. Tool City et al

Filing 61

MEMORANDUM OPINION adopting 58 Report and Recommendation. Ordered that Defendants' 51 Motion for summary judgment is granted. Ordered that Plaintiff's civil rights complaint is dismissed with prejudice. Ordered that any and all motions which may be pending in this civil action are hereby denied. Signed by District Judge Ron Clark on 7/16/2018. (bjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
SCOTT BOATNER PIERCE, #2089445

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VS.

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TOOL CITY, ET. AL.

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CIVIL ACTION NO. 6:16cv1211

MEMORANDUM OPINION ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
Plaintiff Scott Boatner Pierce, an inmate currently confined at the Bradshaw State Jail
within the Texas Department of Criminal Justice proceeding pro se and in forma pauperis, filed
this civil rights lawsuit pursuant to 42 U.S.C. § 1983 alleging purported violations of his
constitutional rights. Plaintiff is suing the Tool City Police Department, the Tool City Police Chief
and a Tool City Detective, as well as Henderson County. The complaint was referred for findings
of fact, conclusions of law, and recommendations for the disposition of the case.
On May 21, 2018, the Magistrate Judge issued a Report, (Dkt. #58), recommending that
Defendants’ motion for summary judgment (Dkt. #51), be granted and Pierce’s civil rights
complaint be dismissed with prejudice. A copy of this Report was sent to Pierce at his address;
return receipt requested. The docket shows that Pierce received the Report on May 31, 2018, (Dkt.
#59). However, to date, no objections to the Report have been filed.
Accordingly, Pierce 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 Auto. 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.”). Accordingly, it is
ORDERED that the Report of the Magistrate Judge, (Dkt. #58), is ADOPTED as the
opinion of the Court. Further, it is
ORDERED that Defendants’ motion for summary judgment, (Dkt. #51), is GRANTED.
Further, it is
ORDERED that Plaintiff’s civil rights complaint is DISMISSED with prejudice. Finally,
it is
ORDERED that any and all motions which may be pending in this civil action are hereby
DENIED.
So ORDERED and SIGNED this 16 day of July, 2018.

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Ron Clark, United States District Judge

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