Hill v. Tyler Police Department et al

Filing 22

ORDER ADOPTING REPORT AND RECOMMENDATION OF U. S. MAGISTRATE JUDGE. It is ordered that the Plaintiff's claims be dismissed with prejudice until the Heck conditions are satisfied. Signed by District Judge Ron Clark on 7/19/19. (mrp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
ROBERT E. HILL JR., #2163996,
Plaintiff,
v.
TYLER
POLICE
DEPARTMENT,
STATE OF TEXAS, 241ST DISTRICT
COURT OF SMITH COUNTY, TEXAS,
SMITH
COUNTY
DISTRICT
ATTORNEY’S OFFICE,
Defendants.

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CIVIL ACTION NO. 6:17-CV-00180-RC

ORDER ADOPTING REPORT AND RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE
The above entitled and numbered civil action was referred to United States Magistrate
Judge John D. Love pursuant to 28 U.S.C. § 636. On June 6, 2019, the Magistrate Judge issued a
Report and Recommendation (Doc. No. 20), recommending that Plaintiff’s claims be dismissed
with prejudice to their being asserted again until the Heck conditions are met. Plaintiff
acknowledged receipt of this Report and Recommendation on June 18, 2019. (Doc. No. 21.) No
objections to the Report and Recommendation has been presented for consideration within the
prescribed time period for such objections. Therefore, Plaintiff is barred from de novo review by
the District Judge of those findings, conclusions, and recommendations, except upon grounds of
plain error. Douglass v. United States Auto. Ass’n, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc),
superseded by statute on other grounds, 28 U.S.C. § 636(b)(1) (extending the time to file
objections from ten to fourteen days).

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The court has reviewed the pleadings in this cause and the Report and Recommendation
of the Magistrate Judge. Upon such review, the court has determined that the Report and
Recommendation of the Magistrate Judge is correct. United States v. Wilson, 864 F.2d 1219,
1221 (5th Cir. 1989) (noting 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 Magistrate Judge’s Report (Doc. No. 20) be ADOPTED and that
that Plaintiff’s claims be DISMISSED WITH PREJUDICE until the Heck conditions are
satisfied. Additionally, it is
ORDERED that any pending motions are DENIED as MOOT.
So ORDERED and SIGNED July 19, 2019.

____________________________
Ron Clark, Senior District Judge

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