Pickard v. Cerliano

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS

No. 6:20-cv-00411

Adam Wayne Pickard,

Plaintiff, V. Maxey Cerliano et al., Defendants.

ORDER

On July 27, 2020, plaintiff Adam Wayne Pickard, proceed- ing pro se and in forma pauperis, filed this lawsuit pursuant to 42 U.S.C. § 1983. Doc. 1. This case was referred to United States Magistrate Judge John D. Love pursuant to 28 U.S.C. § 636. Doc. 3. On May 8, 2021, the magistrate judge issued a report and recommendation (Doc. 27) that defendants’ mo- tions for summary judgment (Docs. 20, 22) be granted and this case be dismissed without prejudice for failure to exhaust ad- ministrative remedies. No party objected to the magistrate judge’s report.

When no party objects to the magistrate judge’s report and recommendation, the court reviews it only for clear error. See Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415, 1420 (Sth Cir. 1996). Having reviewed the magistrate judge’s report, and being satisfied that it contains no clear error, the court ac- cepts its findings and recommendation. Defendants’ motions for summary judgment (Docs. 20, 22) are granted. This case is dismissed without prejudice for failure to exhaust adminis- trative remedies.

So ordered by the court on July 9, 2021. lsh, fies BARKER

United States District Judge