Robinson v. Jackson

District Court, E.D. Texas

Robinson v. Jackson

Trial Court Opinion

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

WILLARD JOEL ROBINSON, #2048733, § § Plaintiff, § §

v. § Case No. 6:19-CV-505-JDK-JDL § NORRIS JACKSON, et al., § § Defendants. §

ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

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

28 U.S.C. § 636

. Docket No. 2. The Report and Recommendation of the Magistrate Judge was issued on April 1, 2020, recommending that the lawsuit be dismissed without prejudice for failure to prosecute or to obey an order of the Court. Docket No. 14. The Court reviews objected-to portions of the Magistrate Judge’s Report and Recommendation de novo. See FED. R. CIV. P. 72 and

28 U.S.C. § 636

(b)(1) (“A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings and recommendations to which objection is made.”). The Court conducting a de novo review 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(5th Cir. 1996) (en banc), superseded on other grounds by statute,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). Having reviewed Plaintiff’s objections de novo, the Court concludes that the objections are without merit and that the findings and conclusions of the Magistrate Judge are correct. Accordingly, it is ORDERED that Plaintiff’s objections are OVERRULED and that the Magistrate Judge’s Report (Docket No. 14) is ADOPTED as the opinion of this Court. It is further ORDERED that the above-styled civil action is DISMISSED WITHOUT PREJUDICE for failure to prosecute or to obey an order of the Court. FED. R. Civ. P. 41(b). All pending motions are DENIED. So ORDERED and SIGNED this 18th day of May, 2020. oe □ ey UNITED STATES DISTRICT JUDGE

Reference

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