Gober v. Kennedy

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 6 Report and Recommendations, and dismissing the complaint without prejudice for want of prosecution and failure to obey an order of the Court. Signed by District Judge Robert W. Schroeder, III on 7/18/2019. (mjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
BRANDON GOBER, #1942989
v.
JUDGE CHRISTI KENNEDY

§
§
§
§
§

CIVIL ACTION NO. 6:19cv153

ORDER
Plaintiff Brandon Gober, an inmate confined in the Texas prison system, proceeding pro
se and in forma pauperis, filed the above-styled and numbered civil rights lawsuit pursuant to 42
U.S.C. § 1983.

The complaint was referred to United States Magistrate Judge K.

Nicole Mitchell, who issued a Report (Docket No. 6) recommending that the lawsuit be
dismissed for want of prosecution and failure to obey the Magistrate Judge’s order to pay an
initial partial filing fee. Plaintiff received a copy of the Report and Recommendation,
but he has neither objected to the report nor complied with the underlying order.
Having filed no objections, Plaintiff is not entitled to de novo review by the District
Judge of those findings, conclusions and recommendations, and except upon grounds of plain
error, he is barred from appellate review of the unobjected-to factual findings and
legal conclusions accepted and adopted by the District Court.

28 U.S.C. § 636(b)

(1)(C); Douglass v. United Services Automobile Association, 79 F.3d 1415, 1430 (5th Cir.
1996) (en banc).
Accordingly, the Court agrees with the Magistrate Judge and ADOPTS those findings
and conclusions as its own. It is therefore
ORDERED that the complaint is DISMISSED WITHOUT PREJUDICE for want of
prosecution and failure to obey an order of the Court.

So ORDERED and SIGNED this 18th day of July, 2019.

____________________________________
ROBERT W. SCHROEDER III
UNITED STATES DISTRICT JUDGE