Wright v. Cerliano
Wright v. Cerliano
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:19-cv-00386 Daniel Wright, Plaintiff, V. Maxey Cerliano et al., Defendants. 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 plaintiffs civil rights lawsuit concerning the conditions of confinement in the Gregg County Jail. Having conducted a proceeding in the form and manner prescribed by
28 U.S.C. §636(b)(1) and (3), the magistrate judge recommended that the lawsuit be dismissed without prejudice for failure to exhaust administrative remedies. Doc. 16. The plaintiff received a copy of this report on April 22, 2020. Doc. 17. No objections have been filed. Upon review, the court finds no clear error. See Douglass v. United Servs. Auto. Ass’n,
79 F.3d 1415, 1430(5th Cir. 1996) (en banc) (cleaned up). Therefore, the findings of fact and recommendation of the magistrate judge are adopted as the opinion of the court. Fur- thermore, defendants’ motion for summary judgment (Doc. 15) is granted, and the above-styled civil action is dismissed without prejudice for failure to exhaust administrative rem- edies. Any other motions which may be pending in this civil action are hereby denied as moot. The clerk of court is di- rected to close the case.
So ordered by the court on May 27, 2020.
j! CAMPBELL BARKER United States District Judge
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Reference
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