UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:19-cv-00348 Koby McMillan, Plaintiff, v. Judge Scott Novy et al., Defendant. Before BARKER, District Judge ORDER On this day, the court considered the findings of fact and recommendation of United States Magistrate Judge K. Nicole Mitchell regarding plaintiff's civil rights lawsuit complaining of Judge Scott Novy, the presiding judge in the criminal case pending against plaintiff in Gregg County. Having conducted a proceeding in the form and manner prescribed by

(b)(1) and (3), the magistrate judge recommended that the lawsuit be dismissed with prej- udice for purposes of proceeding in forma pauperis as frivolous and for failure to state a claim upon which relief may be granted. The plaintiff received a copy of the report on Septem- ber 14, 2019, and has filed no objections. Plaintiff is therefore barred from appealing the factual findings and legal conclu- sions of the magistrate judge that are accepted and adopted by the district court except upon grounds of plain error. Douglass v. United Services Automobile Association,

(5th Cir. 1996) (en banc). Upon review, the court is of the opinion that the findings of fact and recommendation, filed on September 10, 2019, should be accepted. Therefore, those findings and recommen- dations are hereby adopted.

The above-styled civil action is dismissed with prejudice for purposes of proceeding in forma pauperis as frivolous and for failure to state a claim upon which relief may be granted. Any motions which may be pending in this civil action are hereby denied. The clerk of court is directed to close the case. So ordered by the court on December 5, 2019. foal BARKER United States District Judge

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