Ray v. Russell
Ray v. Russell
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:19-cv-00404 Willie L. Ray, Relator, V. Judge Kerry L. Russell, Respondent.
ORDER Relator Willie L. Ray filed the instant application for a writ of mandamus against Judge Kerry Russell of the Seventh Ju- dicial District Court in Smith County, Texas. Doc. 2. The ap- plication was referred to United States Magistrate Judge K. Nicole Mitchell. Doc. 1. On June 19, 2020, the magistrate judge issued a report rec- ommending that the application be dismissed with prejudice as to seeking mandamus relief from a federal court, but with- out prejudice to any other remedies that may be available. Doc. 4. Relator did not object to the report and recommenda- tion. When a party fails to object to a magistrate judge’s re- port, the court reviews the record only for clear error. See Douglass v. United Servs. Auto. Ass'n,
79 F.3d 1415, 1420(6th Cir. 1996). Having reviewed the magistrate judge’s report, and being satisfied that it contains no clear error, the court accepts its findings and recommendation. Relator’s application is dis- missed with prejudice as to seeking mandamus relief from a federal court, and dismissed without prejudice to any other remedies that may be available. So ordered by the court on November 24, 2020. fobs BARKER United States District Judge
Reference
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