Livingston v. Use of Force and Field Force

□ Southern District of Texas

ENTERED UNITED STATES DISTRICT COURT enn SOUTHERN DISTRICT OF TEXAS athan □□□□□□□□ Cler

BROWNSVILLE DIVISION AMIT LIVINGSTON, § ,

Plaintiff. oe wo, V. § Civil Action No. 1:21-cv-00031

§

USE OF FORCE & FIELD FORCE, ET § AL., §

Defendants. § ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION

Before the Court are the following pleadings: Amit Livingston’s (‘Plaintiff’) “Prisoner’s Civil Rights Complaint” (“Complaint”) (Dkt. No. 1) and the “Magistrate Judge’s Report and Recommendation” (“R&R”) (Dkt. No. 9).

The R&R recommends this Court dismiss Plaintiffs Complaint “for failing to state a □□□□□ within the jurisdiction of this Court, and for failing to comply with the Court’s Order dated March 9, 2021. See Dkt. No. 4.” Dkt. No. 9. Objections were due May 3, 2021. No objections were filed by either party. When no objections are filed to a magistrate judge’s ruling, the district court applies the “clearly erroneous, abuse of discretion and contrary to law” standard of review. United States v. Wilson, 864 F.2d 1219, 1221 (Sth Cir. 1989). Finding no clear error, abuse of discretion, or finding contrary to law, the R&R is ADOPTED.

Thus, Plaintiff's Complaint (Dkt. No. 1) is DISMISSED WITHOUT PREJUDICE for failing to state a claim. The District Court Clerk is ORDERED to close the case.

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Signed on this _ SS day of Pn , 2021. lando Olvera

□ nited States District Judge