Solomon v. Bowie County Jail Medical Department
Solomon v. Bowie County Jail Medical Department
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION
CLIFTON O. SOLOMON, § §
§ CIVIL ACTION NO. 5:19-CV-00126-RWS Plaintiff, §
§ v. §
§ BOWIE COUNTY JAIL MEDICAL § DEPARTMENT, ET AL., § § Defendants. §
ORDER The Plaintiff Clifton Solomon, a former inmate of the Bowie County Jail proceeding pro se, filed this civil rights lawsuit under
42 U.S.C. §1983complaining of alleged violations of his constitutional rights. The Court referred the case to the United States Magistrate Judge. Plaintiff sought leave to proceed in forma pauperis, which was granted. When a copy of the order granting in forma pauperis status was sent to Solomon at his last known address, it was returned as undeliverable. Solomon never apprised the Court of his current mailing address, and the Magistrate Judge issued a Report recommending the lawsuit be dismissed without prejudice for failure to prosecute. Docket No. 15. A copy of the Magistrate Judge’s Report was sent to Plaintiff at his last known address, but no objections have been filed. Because no objections to the Magistrate Judge’s Report have been filed, neither party is entitled to de novo review by the District Judge of those findings, conclusions and recommendations, and except upon grounds of plain error, they are barred 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(Sth Cir. 1996) (en banc). Nonetheless, 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,
864 F.2d 1219, 1221(5th Cir.), cert. denied,
492 U.S. 918,
109 S.Ct. 3243(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. 15) 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. 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.
[ober t LU (Clrpects G2, ROBERT W. SCHROEDER III UNITED STATES DISTRICT JUDGE
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