Gordon v. Parker

District Court, E.D. Texas

Gordon v. Parker

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION

STEVEN GORDON, § §

§ Plaintiff, §

§ v. §

§ GARTH PARKER, TORI SCOTT, CATHY § CIVIL ACTION NO. 5:19-CV-00022-RWS MCPEAK, JAMIE MARTIN, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, § UNIVERSITY OF TEXAS MEDICAL § BRANCH, § § § Defendants. §

ORDER The Plaintiff Steven Gordon, proceeding pro se, filed this civil rights lawsuit under

42 U.S.C. § 1983

complaining of alleged violations of his constitutional rights. This Court referred the case 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. Texas prison records indicate that Gordon passed away on December 17, 2019. Upon learning of this, the Magistrate Judge issued a Report and Recommendation on February 11, 2020 recommending all pending motions in the case be denied subject to re-urging in the event a motion for substitution is made pursuant to Federal Rule of Civil Procedure 25(a). Docket No. 47. No objections to the report have been filed, nor has a motion for substitution been filed. The Court has reviewed the record in this cause and agrees with the Magistrate Judge’s report. See United States v. Wilson,

864 F.2d 1219, 1221

(5th 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.”). It is accordingly ORDERED that the Magistrate Judge’s report (Docket No. 47) is ADOPTED as the opinion of this Court. It is further ORDERED that all pending motions (Docket Nos. 5, 6, 7, 11, 12, 25, 26, 31-37, 41, 45, 46) in this case are DENIED, subject to re-urging following a motion for substitution.

SIGNED this 9th day of March, 2020.

foeher t+ LU Gtrivecls. G2, ROBERT W. SCHROEDER III UNITED STATES DISTRICT JUDGE

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