Meadows v. Davis

District Court, E.D. Texas

Meadows v. Davis

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION § DONOVAN MEADOWS, #1826622, § § Plaintiff, § § v. § § Case No. 6:20-cv-332-JDK-KNM LORIE DAVIS, et al., § § Defendants. § § ORDER ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE This action was referred to United States Magistrate Judge K. Nicole Mitchell pursuant to

28 U.S.C. § 636

. On August 3, 2020, the Magistrate Judge issued a Report and Recommendation recommending that the action be dismissed without prejudice for want of prosecution and failure to obey an order of the court. Docket No. 5. On August 27, 2020, Plaintiff moved for an extension of time to comply with the Court’s Deficiency Order, which is the basis of the Report and Recommendation. Docket No. 7. The Magistrate Judge granted the motion for extension of time on August 28, 2020. Docket No. 8. As of the date of this Order, Plaintiff has not complied with the Deficiency Order. 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(5th Cir. 1996) (en bane), superseded on other grounds by statute,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, 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 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 finds no clear error or abuse of discretion and no conclusions contrary to law. Accordingly, the Court hereby ADOPTS the Report and Recommendation of the United States Magistrate Judge (Docket No. 5) as the findings of this Court. It is further ORDERED that this action is DISMISSED WITHOUT PREJUDICE for want of prosecution and failure to obey an order of the court. All motions not previously ruled on are DENIED AS MOOT. So ORDERED and SIGNED this 3rd_ day of November, 2020. qe J Korb JHKREMYD. KERN DLE UNITED STATES DISTRICT JUDGE

Reference

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