Sanders v. Hagan

Filing 6

ORDER accepting Report and Recommendations for 4 Report and Recommendations. The lawsuit is dismissed with prejudice as frivolous and for failure to state a claim upon which relief may be granted. Signed by District Judge J. Campbell Barker on 11/22/2024. (ndc)

No. 6:23-cv-00195
Deion Sanders,
Plaintiff,
v.
Rick Hagan,
Defendant.
ORDER
Plaintiff Deion Sanders, a former inmate of the Gregg County
Jail proceeding pro se, filed this lawsuit complaining of alleged
deprivations of his constitutional rights. The case was referred to
United States Magistrate Judge K. Nicole Mitchell.
Plaintiff sued his defense attorney, Rick Hagan, and the sole
requested relief was that the charges against plaintiff be dismissed. Doc. 1. After review of the pleadings, the magistrate judge
issued a report recommending that the lawsuit be dismissed as
frivolous and for failure to state a claim upon which relief may be
granted. Doc. 4 at 3. A copy of this report was sent to plaintiff at
his last known address, but it was returned as undeliverable because plaintiff had been discharged. Doc. 5.
The complaint form that plaintiff filed contains a declaration
stating: “I understand if I am released or transferred, it is my responsibility to keep the Court informed of my current mailing address and failure to do so may result in the dismissal of this lawsuit.” Doc. 1 at 5. The Local Rules similarly state that a pro se
litigant “must provide the court with a physical address . . . and is
responsible for keeping the clerk advised in writing of his or her
current physical address.” Local Rule CV-11(d); see also Anderson
v. Munger, No. 5:17-cv-175, 2019 WL 2929056, at *1 (E.D. Tex.
July 8, 2019) (“The Court has no duty to locate litigants, particularly where a litigant has been advised of his responsibility to
keep a current address with the Court.”).
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It has been approximately seven months since the magistrate
judge issued her report, and to date, no objections have been filed.
Nor has plaintiff advised the court of his present mailing address
or current whereabouts.
When there have been no timely objections to a magistrate
judge’s report and recommendation, the court reviews it only for
clear error. See Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415,
1420 (5th Cir. 1996). Having reviewed the magistrate judge’s report, and being satisfied that it contains no clear error, the court
accepts its findings and recommendation. The lawsuit is dismissed with prejudice as frivolous and for failure to state a claim
upon which relief may be granted. All pending motions are denied
as moot.
So ordered by the court on November 22, 2024.

J. C AM PB EL L B A RK ER
United States District Judge

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