Davis v. Gregg County Facility

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 7 Report and Recommendations of the United States Magistrate Judge. ORDERED that the Magistrate Judges Report (Docket No. 7) be ADOPTED and that the above-styled civil action be DISMISSED WITHOUT PREJUDICE for failure to prosecute or to obey an order of the Court. Signed by District Judge Jeremy D. Kernodle on 5/26/2020. (gsg)

Case 6:19-cv-00155-JDK-KNM Document 9 Filed 05/26/20 Page 1 of 2 PageID #: 14

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
DAVEN DAVIS, #121739,
Plaintiff,
v.
GREGG COUNTY FACILITY,
Defendant.

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Case No. 6:19-CV-155-JDK-KNM

ORDER ADOPTING REPORT AND RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE
This case was referred to United States Magistrate Judge K. Nicole Mitchell pursuant to
28 U.S.C. § 636. On April 13, 2020, the Magistrate Judge issued a Report and Recommendation
(Docket No. 7) recommending that the lawsuit be dismissed without prejudice for failure to
prosecute or to obey an order of the Court.
This Court reviews the findings and conclusions of the Magistrate Judge de novo only if a
party objects within fourteen days of service of the Report and Recommendation.
28 U.S.C. § 636(b)(1). In conducting a de novo review, the Court examines the entire record and
makes an independent assessment under the law. Douglass v. United Servs. Auto. Ass’n, 79 F.3d
1415, 1430 (5th Cir. 1996) (en banc), superseded on other grounds by statute, 28 U.S.C. §
636(b)(1) (extending the time to file objections from ten to fourteen days). Here, Plaintiff did not
file objections in the prescribed period. The Court therefore reviews the Magistrate Judge’s
findings for clear error or abuse of discretion and reviews her legal conclusions to determine
whether they are contrary to law. See United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989),
cert. denied, 492 U.S. 918 (1989) (holding that, if no objections to a Magistrate Judge’s Report are
filed, the standard of review is “clearly erroneous, abuse of discretion and contrary to law”).

Case 6:19-cv-00155-JDK-KNM Document 9 Filed 05/26/20 Page 2 of 2 PageID #: 15

Having reviewed the Magistrate Judge’s Report and Recommendations, the Court finds no
clear error or abuse of discretion and no conclusions contrary to law. The Court therefore adopts
the Report and Recommendation of the United States Magistrate Judge (Docket No. 7) as the
findings of this Court.
Accordingly, it is hereby ORDERED that the Magistrate Judge’s Report (Docket No. 7)
be ADOPTED and that the above-styled civil action be DISMISSED WITHOUT PREJUDICE
for failure to prosecute or to obey an order of the Court. All pending motions are DENIED AS
MOOT.
So ORDERED and SIGNED this 26th day of May, 2020.

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JEREMY D. KERNODLE
UNITED STATES DISTRICT JUDGE