Miller v. McAuthor

District Court, E.D. Texas

Miller v. McAuthor

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION TRAVIS W. MILLER, SR. #01170471, § § Plaintiff, § § v. § Case No. 6:20-cv-641-JDK-JDL § SHAYNA M. MCAUTHOR, § § Defendant. § ORDER ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Plaintiff Travis W. Miller, Sr., a Texas Department of Criminal Justice prisoner proceeding pro se and in forma pauperis, filed this civil rights lawsuit pursuant to

42 U.S.C. § 1983

. The case was referred to United States Magistrate Judge John D. Love for findings of fact, conclusions of law, and recommendations for the disposition of the case. On June 28, 2021, Judge Love issued a Report recommending that this case be dismissed due to Plaintiff’s failure to prosecute and failure to comply with the Court’s orders. Docket No. 13. A copy of this Report was sent to Plaintiff, and Plaintiff acknowledged receipt of the Report on July 10, 2021. Docket No. 14. This Court reviews the findings and conclusions of the Magistrate Judge de novo only if a party objects within fourteen days of the Report and Recommendation.

28 U.S.C. § 636

(b)(1). In conducting a de novo review, the Court examines the entire record and makes an independent assessment under the law. Douglass v. United Servs. Auto. Ass’n,

79 F.3d 1415, 1430

(5th Cir. 1996) (en banc), superseded on other grounds by statute,

28 U.S.C. § 636

(b)(1) (extending the time to file objections from ten to fourteen days). Here, Plaintiff did not object in the prescribed period. The Court therefore reviews the Magistrate Judge’s findings for clear error or abuse of discretion and reviews his legal conclusions to determine whether they are contrary to law. See United States v. Wilson,

864 F.2d 1219, 1221

(Sth Cir. 1989), cert. denied,

492 U.S. 918

(1989) (holding that, if no objections to a Magistrate Judge’s Report are filed, the standard of review is “clearly erroneous, abuse of discretion and contrary to law.”). Having reviewed the Magistrate Judge’s Report and the record in this case, the Court finds no clear error or abuse of discretion and no conclusions contrary to law. Accordingly, the Court hereby ADOPTS the Report and Recommendation of the United States Magistrate Judge (Docket No. 13) as the findings of this Court. It is therefore ORDERED that this case is DISMISSED without prejudice for failure to prosecute. Any pending motions are DENIED as MOOT. So ORDERED and SIGNED this 19th day of August, 2021. fun 2 Kod JERGMY D, RERNODIE UNITED STATES DISTRICT JUDGE

Reference

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