IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION CHRISTOPHER LAWRENCE ATHEY, § § Plaintiff, § § v. § § Case No. 6:17-CV-594-JDK-KNM THOMAS KILLMAN, ET AL., § § Defendants. § § ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE Plaintiff Christopher Lawrence Athey, an inmate proceeding pro se, filed the above-styled and numbered civil rights lawsuit pursuant to

. The case was referred to United States Magistrate Judge K. Nicole Mitchell pursuant to

. On December 2, 2019, Judge Mitchell issued a Report and Recommendation (Docket No. 108), recommending that Plaintiff’s claims against Defendant Robert Peritt be dismissed for failure to effect service of process.

at 1–2. A return receipt indicating delivery to Plaintiff was received by the Clerk on December 27, 2019. Docket No. 111. This Court reviews the findings and conclusions of the Magistrate Judge de novo only if a party objects within fourteen days of service of the Report and Recommendation.

(b)(1). In conducting a de novo review, the Court examines the entire record and makes an independent assessment under the law. Douglass v. United Servs. Auto. Ass’n,

(5th Cir. 1996) (en banc), superseded on other grounds by statute,

(b)(1) (extending the time to file objections from ten to fourteen days). Here, Plaintiff did not file objections in the prescribed period. The Court therefore reviews the Magistrate Judge’s findings for clear error or abuse of discretion and reviews her legal conclusions to determine whether they are contrary to law. See United States v. Wilson,

(Sth Cir. 1989), cert. denied,

(1989) (holding that, if no objections to a Magistrate Judge’s Report are filed, the standard of review is “clearly erroneous, abuse of discretion and contrary to law’). Having reviewed the Magistrate Judge’s Report and Recommendation, the Court adopts the Report and Recommendation of the United States Magistrate Judge (Docket No. 108) as the findings of this Court. Accordingly, it is hereby ORDERED that the Magistrate Judge’s Report (Docket No. 108) be ADOPTED. It is further ORDERED that the claims against Defendant Robert Peritt ace DISMISSED WITHOUT PREJUDICE. Peritt is DISMISSED as a Party to the lawsuit. This dismissal shall have no effect upon the remaining claims and Parties in the lawsuit. So ORDERED and SIGNED this 30th day of March, 2020. qe D Kobe JERQMY D, RERNODIE UNITED STATES DISTRICT JUDGE

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