Peters v. Davis et al

Filing 153

ORDER adopting 142 Report and Recommendation. Ordered that Plaintiff's 141 Motion for a temporary restraining order is denied. Signed by District Judge Ron Clark on 2/25/2019. (bjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
MICHAEL PETERS

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v.

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LORIE DAVIS, ET AL.

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CIVIL ACTION NO. 6:17cv595

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ORDER DENYING PLAINTIFF’S MOTIONS FOR INJUNCTIVE RELIEF
The Plaintiff Michael Peters, proceeding pro se, filed this civil rights lawsuit under 42 U.S.C.
§1983 complaining of alleged deprivations of his constitutional rights. This Court ordered that the
matter 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.
Peters filed a motion on October 9, 2018 which the Magistrate Judge construed as a request
for a temporary restraining order. A Report was issued recommending that the motion be denied.
Peters 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 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

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(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. 142) is ADOPTED as the
opinion of the District Court. It is further
ORDERED that the Plaintiff’s motion for a temporary restraining order (docket no. 141)
is DENIED.

So ORDERED and SIGNED February 25, 2019.

____________________________
Ron Clark, Senior District Judge

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