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

DONTA CARSON, § §

§ CIVIL ACTION NO. 5:19-CV-00089-RWS Plaintiff, §

§ v. §

§ WARDEN MCCORMICK, ET AL. § § Defendants. §

ORDER The Plaintiff Donta Carson, proceeding pro se, filed this civil rights lawsuit under

complaining of alleged violations of his constitutional rights during his confinement in the Bowie County Correctional Center. This Court referred the case to the United States Magistrate Judge. The Magistrate Judge ordered Plaintiff to either pay the statutory filing fee or file an application for leave to proceed in forma pauperis, as required by

(b). By separate order, the Magistrate Judge directed Plaintiff to file an amended complaint setting out a short and plain statement of his claims. Plaintiff received copies of these orders on April 30, 2020, but to date has not complied, nor has he responded in any way. The Magistrate Judge entered a Report recommending the lawsuit be dismissed without prejudice for failure to prosecute or to obey an order of the Court. Docket No. 8. A copy of this Report was sent to Plaintiff at his last known address, return receipt requested, but no objections have been filed; accordingly, 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 proposed factual findings and legal conclusions accepted and adopted by the district court. Duarte v. City of Lewisville,

(Sth Cir. 2017). The Court has reviewed the record in this cause and the Report of the Magistrate Judge. Upon such review, the Court has determined 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 ORDERED that the Report of the Magistrate Judge (Docket No. 8) 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. SIGNED this 26th day of February, 2021.

(Dobher t LU (Plrrpects G2, ROBERT W. SCHROEDER II UNITED STATES DISTRICT JUDGE

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