Blake v. Smith et al

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 10 Report and Recommendations of the United States Magistrate Judge. ORDERED that Plaintiffs civil rights lawsuit is DISMISSED without prejudice. ORDERED that any and all motions which may be pending in this civil action are hereby DENIED. Signed by District Judge Richard A. Schell on 9/29/2019. (gsg)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
JASON ALLEN BLAKE, #8385

§

VS.

§

CIVIL ACTION NO. 6:18cv210

HENDERSON COUNTY SHERIFF, ET AL. §
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
Plaintiff Jason Allen Blake, an inmate formerly confined at the Henderson County
Detention Center is proceeding pro se and in forma pauperis in the above styled and numbered
civil rights lawsuit. The complaint was referred to the United States Magistrate Judge, the
Honorable Judge John D. Love, for findings of fact, conclusions of law, and recommendations for
the disposition of the case.
On June 27, 2019, Judge Love issued a Report, (Dkt. #10), recommending that Plaintiff’s
civil rights lawsuit be dismissed, without prejudice, for Plaintiff’s failure to prosecute his case and
comply with an order of the court. Specifically, Judge Love found that Plaintiff failed to comply
with the June 6, 2019, order directing Plaintiff to provide a current mailing address no later than
June 26, 2019. That order was returned as “undeliverable,” thus prompting the Report and
Recommendation, (Dkt. #9). A copy of the Report was sent to Plaintiff at his last known
address, return receipt requested.

The docket reflects that the Report was returned as

“undeliverable,” with a notation that Plaintiff had been released, (Dkt. #11).

To date, no

objections to Judge Love’s Report have been filed. The court further notes that Plaintiff has not
communicated with the court since May 2018.

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Because no objections to Judge Love’s Report have been filed, Plaintiff 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.
Ass’n., 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 (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 United States Magistrate Judge, (Dkt. #10),
is ADOPTED as the opinion of the court. Further, it is
ORDERED that Plaintiff’s civil rights lawsuit is DISMISSED, without prejudice, for
Plaintiff’s failure to comply with an order of the court and prosecute his case. Finally, it is
ORDERED that any and all motions which may be pending in this civil action are hereby
DENIED.
.

SIGNED this the 29th day of September, 2019.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE

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