FOR THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION § CHARLES H. SIMMONS, § § Plaintiff, § § v. § CIVIL ACTION NO. 5:20-CV-00113 § BRIAN JONES, et al., § § Defendants. §

ORDER

Plaintiff Charles Simmons, an inmate proceeding pro se, filed the above-styled and numbered civil action complaining of alleged violations of his constitutional rights. The case was referred to the United States Magistrate Judge in accordance with

. Plaintiff was ordered to pay an initial partial filing fee of $15.00 on July 15,2020. Docket No. 8. When he did not pay or show cause why he could not, the Magistrate Judge issued a Report recommending the lawsuit be dismissed without prejudice for failure to prosecute or to obey an order of the Court. Docket No. 13. Plaintiff received a copy of this Report on December 16, 2020. Docket No. 14. Plaintiff did not file objections; accordingly, he is barred from de novo review by the District Judge of those findings, conclusions and recommendations and, except upon grounds of plain error, from appellate review of the unobjected-to factual findings and legal conclusions accepted and adopted by the District Court. Duarte v. City of Lewisville, Texas,

(5th Cir. 2017). The Court has reviewed the pleadings in this cause and the Report of the Magistrate Judge. Upon such review, the Court has determined that the Report of the Magistrate Judge is correct. See United States v. Wilson,

(5th Cir.), cert. denied,

,

(1989) (where no objections to a Magistrate Judge’s Report are filed, the standard of review is “clearly erroneous, abuse of discretion and contrary to law.”). It is accordingly Page 1 of 2 ORDERED that the Report of the Magistrate Judge (Docket No. 13) is ADOPTED as the opinion of the District 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. It is further ORDERED that any and all motions which may be pending in this civil action are hereby DENIED. So ORDERED and SIGNED this 21st day of January, 2021.

fooher t LO ehirvecls. G2. ROBERT W. SCHROEDER III UNITED STATES DISTRICT JUDGE

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