Mays v. Bowie County District Court

District Court, E.D. Texas

Mays v. Bowie County District Court

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION

DALLAS R. MAYS, § §

§ CIVIL ACTION NO. 5:19-CV-00160-RWS-CMC Plaintiff, §

§ v. §

§ BOWIE COUNTY DISTRICT COURT, § § Defendant. §

ORDER Plaintiff Dallas Mays, 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

28 U.S.C. § 636

. After review of the pleadings, the Magistrate Judge recommended the lawsuit be dismissed with prejudice for purposes of proceeding in forma pauperis for failure to state a claim upon which relief may be granted. Docket No. 6. A copy of this Report was sent to Plaintiff at his last known address, return receipt requested, but no objections have been filed. Because no objections to the Magistrate Judge’s report have been filed, Plaintiff 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. 28 U.S.C § 636(b)(1)(C); Douglass v. United Services Automobile Assoc.,

79 F.3d 1415, 1430

(5th Cir. 1996) (en banc). Nonetheless, the Court has reviewed the pleadings and the Magistrate Judge’s report and agrees with the report. See United States v. Raddatz,

447 U.S. 667, 683

(1980) (“[T]he statute permits the district court to give to the magistrate’s proposed findings of fact and recommendations ‘such weight as [their] merit commands and the sound discretion of the judge warrants.’ ”) (quoting Mathews v. Weber,

23 U.S. 261

, 275 (1976)). It is accordingly ORDERED that the Report of the Magistrate Judge (Docket No. 6) is ADOPTED as the opinion of the Court. It is further ORDERED that the above-styled civil action is DISMISSED WITH PREJUDICE for purposes of proceeding in forma pauperis for failure to state a claim upon which relief may be granted.

So ORDERED and SIGNED this 22nd day of January, 2021.

forxbe. t LY 2 ROBERT W. SCHROEDER III UNITED STATES DISTRICT JUDGE

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