Martin v. Michael Unit Medical Infirmary et al

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Magistrate Judge's Report 15 is ADOPTED and the above-styled civil action is DISMISSED WITHOUT PREJUDICE. Signed by District Judge Jeremy D. Kernodle on 04/29/20. (mll, )

Case 6:20-cv-00043-JDK-KNM Document 17 Filed 04/29/20 Page 1 of 2 PageID #: 34

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
JOHN MARTIN, #1268306,
Plaintiff,
v.
MICHAEL UNIT MEDICAL
INFIRMARY, et al.,
Defendants.

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Case No. 6:20-CV-43-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 2, 2020, the Magistrate Judge issued a Report and Recommendation

(Docket No. 15) recommending that Plaintiff’s request to voluntarily dismiss his case without
prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1) be granted. A return receipt
indicating delivery to Plaintiff was received by the Clerk on April 13, 2020 (Docket No. 15).
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(5th Cir. 1996) (en banc), superseded on other grounds by statute, 28 U.S.C. § 636(b)(1)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 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

Case 6:20-cv-00043-JDK-KNM Document 17 Filed 04/29/20 Page 2 of 2 PageID #: 35

standard of review is “clearly erroneous, abuse of discretion and contrary to law”).
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. 15) as the
findings of this Court.
Accordingly, it is hereby ORDERED that the Magistrate Judge’s Report (Docket No. 15)
be ADOPTED and that the above-styled civil action be DISMISSED WITHOUT PREJUDICE
pursuant to Federal Rule of Civil Procedure 41(a)(1).
So ORDERED and SIGNED this 29th day of April, 2020.

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JEREMY D. KERNODLE
UNITED STATES DISTRICT JUDGE