Gibson v. Cerliano
Gibson v. Cerliano
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:20-cv-00422 Cecil David Gibson, Plaintiff, V. Maxey Cerliano, et al., Defendants.
ORDER On July 31, 2020, plaintiff Cecil David Gibson, proceed- ing pro se and in forma pauperis, filed this civil rights law- suit pursuant to
42 U.S.C. § 1983. Doc. 1. The case was re- ferred to United States Magistrate Judge K. Nicole Mitchell pursuant to
28 U.S.C. § 636(b). Doc. 3. On August 4, 2020, the magistrate judge instructed plain- tiff to file an amended complaint. Doc. 5. Plaintiff failed to do so. On September 18, 2020, Judge Mitchell entered a report recommending that plaintiff’s case be dismissed without prej- udice for want of prosecution and failure to obey an order. Doc. 10. The plaintiff did not file any objections to the report. When a party fails to object to a magistrate judge’s report, the court reviews the record only for clear error. See Douglass v. United Servs. Auto. Ass'n,
79 F.3d 1415, 1420(5th Cir. 1996). Finding no clear error in the report, the court accepts the magistrate judge’s findings and recommendation. This action is dismissed without prejudice. So ordered by the court on October 30, 2020.
J} CAMPBELL BARKER United States District Judge
Reference
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