Barnes v. Grievance Department Officials (All)
Barnes v. Grievance Department Officials (All)
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
GEORGE BAY BARNES, #1689778 §
VS. § CIVIL ACTION NO. 6:17cv251
GRIEVANCE OFFICIALS, ET AL. § ORDER OF DISMISSAL
Plaintiff George Bay Barnes, an inmate currently confined at the Clements Unit within the Texas Department of Criminal Justice, (TDCJ), is proceeding pro se and in forma pauperis in the above styled and numbered civil rights lawsuit. The complaint was referred to the United States Magistrate Judge, the Honorable John D. Love, for findings of fact, conclusions of law, and recommendations for the disposition of the case. On August 1, 2019, Judge Love issued a Report, (Dkt. #74), recommending that Defendants’ motion to dismiss, (Dkt. #70), should be granted and that Plaintiff Barnes’ civil rights lawsuit be dismissed, with prejudice, under
28 U.S.C. § 1915(g) and because it is moot. A copy of this Report was sent to Barnes at his address. However, to date, no objections to the Report have been filed and Barnes has not communicated with the Court since March 2019. Because no objections to Judge Love’s Report have been filed, Plaintiff 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 proposed factual findings and legal conclusions accepted and adopted by the district court. Douglass v. United Services Auto. Ass’n.,
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 determined that the Report of the Magistrate Judge is correct. See United States v. Wilson,
864 F.2d 1219, 1221(Sth Cir.), cert. denied,
492 U.S. 918,
109 S.Ct. 3243(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.”). Accordingly, it is ORDERED that the Report of the United States Magistrate Judge, (Dkt. #74), is ADOPTED as the opinion of the court. Further, it is ORDERED that Defendants’ motion to dismiss, (Dkt. #70), is GRANTED. Plaintiff Barnes’ civil rights lawsuit is dismissed, with prejudice, pursuant to
28 U.S.C. § 1915(g). Finally, it is ORDERED that any and all motions which may be pending in this civil action are hereby DENIED.
So Ordered and Signed Oct 7, 2019 Th Chak
Reference
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