Campos v. TDCJ Parole Board

District Court, E.D. Texas

Campos v. TDCJ Parole Board

Trial Court Opinion

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

PEDRO CAMPOS, JR., § § Plaintiff, § § v. § Case No. 6:20-CV-28-JDK-JDL § TDCJ PAROLE BOARD, § § Defendant. §

ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

Plaintiff Pedro Campos, Jr., an inmate proceeding pro se, filed the above-styled and numbered civil rights lawsuit pursuant to

42 U.S.C. § 1983

. This case was referred to United States Magistrate Judge John D. Love pursuant to

28 U.S.C. § 636

. On February 5, 2020, Judge Love issued a Report and Recommendation (Docket No. 7), recommending that the Court grant Plaintiff’s motion for voluntary dismissal.

Id. at 1

. 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.

28 U.S.C. § 636

(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,

79 F.3d 1415, 1430

(5th Cir. 1996) (en banc), superseded on other grounds by statute,

28 U.S.C. § 636

(b)(1) (extending the time to file objections from ten to fourteen days). Here, neither party filed objections in the prescribed period. The Court therefore reviews the Magistrate Judge’s findings for clear error or abuse of discretion and reviews his legal conclusions to determine whether they are contrary to law. See United States v. Wilson,

864 F.2d 1219, 1221

(5th Cir. 1989), cert. denied,

492 U.S. 918

(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. 7) as the findings of this Court. Accordingly, it is hereby ORDERED that the Magistrate Judge’s Report (Docket No. 7) be ADOPTED. It is further ORDERED that Plaintiff’s motion to voluntarily dismiss his case (Docket No. 6) is GRANTED. Plaintiff's lawsuit is DISMISSED WITHOUT PREJUDICE. So ORDERED and SIGNED this 25th day of February, 2020. ony DY Kobe JERQMY D, KERNODIE UNITED STATES DISTRICT JUDGE

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