Gordon v. Smith County Jail

District Court, E.D. Texas

Gordon v. Smith County Jail

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:20-cv-00039 Ronnie Gordon, Plaintiff, v. Smith County Jail et al., Defendants.

ORDER On January 27, 2020, plaintiff Ronnie Gordon filed this civil rights lawsuit against defendants Smith County Jail, Joshua E Hill, and Lakeisha Fields. Doc. 1. His case was re- ferred to United States Magistrate Judge K. Nicole Mitchell pursuant to

28 U.S.C. § 636

(b)(3). Doc. 4. On March 3, 2021, the magistrate judge issued a report rec- ommending that plaintiff’s suit be dismissed with prejudice until the preconditions to a civil rights lawsuit— described by the Supreme Court in Heck v. Humphrey,

512 U.S. 477

(1994) — are met. Doc. 7. A copy of this report was sent to plaintiff with an acknowledgment card. On April 7, 2021, defendant filed a motion for an extension of his time to object to the report. Doc. 9. The magistrate judge granted this request, extending the plaintiff's deadline to May 10, 2021. Doc. 10. To date, however, no objections have been filed. When no party objects to a magistrate judge’s report, it is reviewed only for clear error. Douglass v. United Servs. Auto. Ass’n,

79 F.3d 1415, 1420

(5th Cir. 1996). Finding no clear error in the report, the court accepts the report and recommenda- tion. Plaintiff's case is dismissed with prejudice until the Heck conditions are met.

So ordered by the court on May 14, 2021.

J “CAMPBELL BARKER United States District Judge

-2-

Reference

Status
Unknown