Criston v. Gregg County District Court Magistrate

District Court, E.D. Texas

Criston v. Gregg County District Court Magistrate

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:20-cv-00171 Gary Ladale Criston, Plaintiff, V. Gregg County District Court Magistrate et al., Defendants.

ORDER Plaintiff Gary Ladale Criston filed this civil action alleging violations of the Eighth Amendment and claims for libel and slander. Doc. 1. The cause of action was referred to United States Magistrate Judge John D. Love, who issued a report rec- ommending that plaintiff’s claims be dismissed for failure to state a claim and lack of subject-matter jurisdiction. Doc. 5. Neither party has filed objections to the report and recom- mendation. The court therefore reviews the magistrate judge’s findings for clear error or abuse of discretion and re- views his legal conclusions to determine whether they are contrary to law. See United States v. Wilson,

864 F.2d 1219, 1221

(5th Cir. 1989) (holding that, if no objections to a magistrate judge’s report are filed, the standard of review is “clearly er- roneous, abuse of discretion and contrary to law”). Having reviewed the magistrate judge’s report, and being satisfied that it contains no clear error, the court accepts its findings and recommendation. Plaintiff's claims are dis- missed without prejudice. So ordered by the court on March 9, 2021. Lack BARKER United States District Judge

Reference

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