Johnson v. Director, TDCJ-CID

Filing 51

Order Adopting 50 Findings and Recommendation of the United States Magistrate Judge. The Court: (1) finds that Plaintiff used the prison mail system to timely deliver objections to Magistrate Judge's FCR to the prison officials on 3/6/2023; (2) construes Plaintiff's objections as a Rule 59(e) motion; and (3) finds that Plaintiff is not entitled to relief under Rule 59(e). Finally, the Clerk of Court shall return the above-styledand -numbered civil action to the United States Court of Appeals for the Fifth Circuit upon the entry of this Order. (Ordered by Senior Judge Sam R Cummings on 11/13/2023) (axm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

LARRY JOHNSON,
lD # 015943'79,
Petitioner,

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DIRI]C1-OR. TDCJ-CID,
Respondent.

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Civil Action

No .

3

:21 -CY

-2926-C-BT

OIIDEIT
Before the Court are the Findings, Conclusions, and Recommendation ofthe United
States Magistrate Judge therein advising the Court that

it should: (l) find that Plaintiff used the

prison mail system to timely deliver objections to the Magistrate Judge's FCR to the prison

officials on March 6,2023; (2) construe Plaintifls objections

as a Rule 59(e)

motion; and (3)

find that Plaintiff is not entitled to relief under Rule 59(e). Finally, the United States Magistrate
Judge recommends that the above-styled and -numbered

civil action be retumed to the United

States Court olAppeals for the Fifth Circuit upon the entry

ofthis Order. Petitioner failed to file

timely objections.
The Court conducts a de novo review ofthose portions of the Magistrate Judge's report or
specified proposed findings or recommendations to which a timely objection is made. 28 U.S.C.
$

636(bX1XC). Portions of the report or proposed findings or recommendations that are not the

subject of a timely objection will be accepted by the Court unless they are clearly erroneous or
contrary to [aw. See United States v. Ililson,864F.2d 1219,1221 (5th Cir. 1989).

The Court has conducted an independent review ofthe Magistrate Judge's findings and
conclusions and finds no error. It is therefore ORDERED that the Findings, Conclusions, and
Recommendation are hereby ADOPTED as the findings and conclusions of the Court. For the
reasons stated therein, the

Court: (l) finds that Plaintiff

used the prison mail system to

timely

deliver objections to the Magistrate Judge's FCR to the prison officials on March 6,2023; (2)
construes

Plaintiff s objections

as a Rule 59(e)

motion; and (3) finds that Plaintiffis not entitled

to relief under Rule 59(e). Finally, the Clerk of Court shall retum the above-styled
and -numbered

civil action to the United

States Court

ofAppeals for the Fifth Circuit upon the

clrtt'y 0l'this Order.
SO ORDERED

Dated this

r4 +l
?ay olNovemb er,2023

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SENI R LINI

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STATES D

CT JUDGE