Mumphrey v. Newbill
Mumphrey v. Newbill
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:19-cv-00064 Johnifer Ray Mumphrey, Plaintiff, V. Kay Newbill, Defendant. Before BARKER, District Judge ORDER Mumphrey filed this lawsuit on February 25, 2019. Doc. 1. Pursuant to
28 U.S.C. § 636(b)(1) and (3), the case was referred to United States Magistrate Judge K. Nicole Mitchell. Doc. 3. On January 30, 2020, Judge Mitchell issued a report and rec- ommendation that the action be dismissed with prejudice for the purpose of proceeding in forma pauperis on the ground that itis frivolous and for failure to state a claim. Doc. 16. Mumph- rey received a copy of the report and recommendation on Feb- ruary 4, 2020. Doc. 17. He has not objected to it. Once served with a copy of a magistrate judge’s report and recommendation, a party has 14 days to file any objec- tions. Fed. R. Civ. P. 72(b)(2). When no party objects to the report and recommendation, the district court “need only sat- isfy itself that there is no clear error on the face of the record.” Douglass v. United Servs. Auto. Ass'n,
79 F.3d 1415, 1420(Sth Cir. 1996) (cleaned up). Here, there is no clear error on the face of the record. Thus, the report and recommendation is adopted. This action is dismissed with prejudice for the purpose of proceeding in forma pauperis on the ground that it is frivolous and for failure to state a claim. Any outstanding motions are
denied as moot. The clerk of court is directed to close this case.
So ordered by the court on March 27, 2020. fick BARKER United States District Judge
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