Jones v. Currie et al

Filing 6

MEMORANDUM ORDER adopting the 4 Report and Recommendation of the United States Magistrate Judge. Signed by Judge Ron Clark on 9/23/2011. (bjc)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION CLIFFORD DWAYNE JONES § v. § GARY CURRIE, ET AL. § CIVIL ACTION NO. 9:11cv96 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT The Plaintiff Clifford Jones, proceeding pro se, filed this civil rights lawsuit under 42 U.S.C. §1983 complaining of alleged violations of his constitutional rights during his confinement in the Smith County Jail. This Court ordered that the case be referred to the United States Magistrate Judge pursuant to 28 U.S.C. §636(b)(1) and (3) and the Amended Order for the Adoption of Local Rules for the Assignment of Duties to United States Magistrate Judges. On June 2, 2011, the Magistrate Judge ordered Jones to pay the statutory filing fee of $350.00 or to submit an application for leave to proceed in forma pauperis which was accompanied by a certified inmate trust account data sheet, as required by 28 U.S.C. §1915(b). Jones received a copy of this order on or before June 10, 2011, but to date, he has not complied, nor has he responded to this order in any way. On August 4, 2011, the Magistrate Judge issued a Report recommending that the lawsuit be dismissed without prejudice for failure to prosecute or to obey an order of the Court. Jones received a copy of this Report on August 11, 2011, but filed no objections thereto; accordingly, he is barred from de novo review by the district judge of those findings, conclusions, and recommendations and, except upon grounds of plain error, from appellate review of the unobjected-to factual findings and legal conclusions accepted and adopted by the district court. Douglass v. United Services Automobile Association, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc). 1 The Court has carefully reviewed the pleadings and documents in this case, as well as the Report of the Magistrate Judge. Upon such review, the Court has concluded that the Report of the Magistrate Judge is correct. It is accordingly ORDERED that the Report of the Magistrate Judge (docket no. 4) is hereby ADOPTED as the opinion of the District Court. It is further ORDERED that the above-styled civil action be and hereby is DISMISSED without prejudice for failure to prosecute or to obey an order of the Court. It is further ORDERED that any and all motions which may be pending in this action are hereby DENIED. So ORDERED and SIGNED this 23 day of September, 2011. ___________________________________ Ron Clark, United States District Judge 2

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