Hollaway v. Athens Daily Review

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 9 Report and Recommendations of the United States Magistrate Judge. ORDERED that Plaintiffs Complaint is DISMISSED WITHOUT PREJUDICE for failure to prosecute and failure to obey the Courts orders. Signed by District Judge Jeremy D. Kernodle on 10/8/2019. (gsg)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
JOHN HOLLAWAY,
Plaintiff,
v.
ATHENS DAILY REVIEW,
Defendant.

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Case No. 6:19-CV-158-JDK-JDL

ORDER ADOPTING REPORT AND RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE
Plaintiff John Hollaway, an inmate confined in Henderson County Jail, proceeding pro se,
filed the above-styled and numbered civil rights lawsuit pursuant to 42 U.S.C. § 1983. This case
was referred to United States Magistrate Judge John D. Love pursuant to 28 U.S.C. § 636. On
July 23, 2019, the Magistrate Judge issued a Report and Recommendation (Docket No. 9),
recommending that the action be dismissed for failure to prosecute and failure to comply with the
Court’s orders. Id. at 2. The Clerk mailed the Report and Recommendation to Plaintiff on July
24, 2019.
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(5th Cir. 1996) (en banc), superseded on other grounds by statute, 28 U.S.C. § 636(b)(1)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

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for clear error or abuse of discretion and reviews his 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”).
Having reviewed the Magistrate Judge’s Report and Recommendation, the Court adopts
the Report and Recommendation of the United States Magistrate Judge (Docket No. 9) as the
findings of this Court.
Accordingly, it is hereby ORDERED that the Magistrate Judge’s Report (Docket No. 9)
be ADOPTED. It is further
ORDERED that Plaintiff’s Complaint is DISMISSED WITHOUT PREJUDICE for
failure to prosecute and failure to obey the Court’s orders.
So ORDERED and SIGNED this 8th

day of October, 2019.

___________________________________
JEREMY D. KERNODLE
UNITED STATES DISTRICT JUDGE

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