Valero v. Oliver.

Filing 16

MEMORANDUM ADOPTING 14 REPORT AND RECOMMENDATIONS. This case 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. Signed by Judge Ron Clark on 6/5/12. (ljw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
RAYMOND VALERO

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v.

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WARDEN OLIVER

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CIVIL ACTION NO. 9:11cv186

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
The Plaintiff Raymond Valero, proceeding pro se, filed this civil rights lawsuit under 42
U.S.C. §1983 complaining of alleged violations of his constitutional rights in the Texas Department
of Criminal Justice, Correctional Institutions Division. 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.
The Magistrate Judge ordered Valero to pay an initial filing fee of $73.11, pursuant to 28
U.S.C. §1915(b). The Magistrate Judge also directed that Valero file an amended complaint setting
out a short and plain statement of his claim, as required by Rule 8, Fed. R. Civ. P. Valero received
copies of these orders, but did not comply, nor did he respond in any way.
The Magistrate Judge issued a Report on March 5, 2012, recommending that the lawsuit be
dismissed without prejudice for failure to prosecute or to obey an order of the Court. Valero
received a copy of this Report on March 13, 2012, 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 unobjectedto 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).
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The Court has reviewed the pleadings in this cause and 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. 14) 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 5 day of June, 2012.

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Ron Clark, United States District Judge

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