Williams v. Cox et al

Filing 11

MEMORANDUM ORDER ADOPTING 8 REPORT AND RECOMMENDATIONS. The Plaintiff's motion for voluntary dismissal 5 is GRANTED and this civil action is DISMISSED without prejudice on the motion of the Plaintiff. It is further ORDERED that any and all motions which may be pending in this action are DENIED. Signed by Judge Ron Clark on 5/2/13. (ljw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
ROCKY WILLIAMS

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v.

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BRANTLEY COX, ET AL.

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CIVIL ACTION NO. 9:13cv54

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
The Plaintiff Rocky Williams, 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.
On March 21, 2013, Williams filed a motion asking that his lawsuit be dismissed. On April
1, 2013, the Magistrate Judge issued a Report recommending that the motion to dismiss be granted
and that the lawsuit be dismissed without prejudice. Williams received a copy of this Report on
April 8, 2013, 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).
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. See
United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir.), cert. denied, 492 U.S. 918, 109 S.Ct. 3243
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(1989) (where no objections to a Magistrate Judge’s Report are filed, the standard of review is
“clearly erroneous, abuse of discretion and contrary to law.”). It is accordingly
ORDERED that the Report of the Magistrate Judge (docket no. 8) is hereby ADOPTED as
the opinion of the District Court. It is further
ORDERED that the Plaintiff’s motion for voluntary dismissal (docket no. 5) is GRANTED
and the above-styled civil action be and hereby is DISMISSED without prejudice on the motion of
the Plaintiff. It is further
ORDERED that any and all motions which may be pending in this action are hereby
DENIED.
So ORDERED and SIGNED this 2 day of May, 2013.

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Ron Clark, United States District Judge

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