Beckom v. Thompson

District Court, E.D. Texas

Beckom v. Thompson

Trial Court Opinion

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

GREGGORY SCOTT BECKOM, ET AL., § §

§ CIVIL ACTION NO. 5:19-CV-00148-RWS Plaintiffs, §

§ v. §

§ CLAY THOMPSON, ET AL., § § Defendants. §

ORDER Plaintiffs Greggory and Ricky Beckom, inmates proceeding pro se, filed the above-styled and numbered civil action complaining of alleged violations of their constitutional rights. The case was referred to the United States Magistrate Judge. Plaintiffs sued the attorneys who represented them on criminal charges. The Magistrate Judge issued a Report recommending the lawsuit be dismissed because criminal defense attorneys are not state actors for purposes of liability under

42 U.S.C. §1983

. Copies of this Report were sent to Plaintiffs at their last known address, return receipt requested, but were returned because the Plaintiffs are no longer at that address. No change of address notification has been filed. Because no objections have been received, the Plaintiffs are 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,

858 F.3d 348, 352

(5th Cir. 2017). Nonetheless, the Court has reviewed the pleadings 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

(Sth 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. 3) is ADOPTED as the opinion of the District 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. It is further ORDERED that any and all motions which may be pending in this civil action are hereby DENIED. SIGNED this Ist day of March, 2021.

[eoher t LU (Plrrpects G2, ROBERT W. SCHROEDER III UNITED STATES DISTRICT JUDGE

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