Jenkins v. Obafemi
Filing
14
MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATION OF THE U. S. MAGISTRATE JUDGE that this civil action is dismissed without prejudice for failure to prosecute or to obey an order of the Court. Signed by District Judge Ron Clark on 2/2/19. (mrp, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
DARRELL JENKINS
§
v.
§
OFFICER TAIYE OBAFEMI
§
CIVIL ACTION NO. 6:17cv348
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
The Plaintiff Darrell Jenkins, an inmate of the Texas Department of Criminal Justice,
Correctional Institutions Division, 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 United States
Magistrate Judge K. Nicole Mitchell 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 ordered Jenkins to pay an initial partial filing fee of $1.16, as required
by 28 U.S.C. §1915(b). When Jenkins did not comply, 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. Jenkins received a copy of this Report but filed no objections; 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 unobjectedto 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
1
(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. 11) 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 civil action are hereby
DENIED.
So ORDERED and SIGNED February 2, 2019.
____________________________
Ron Clark, Senior District Judge
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