Wickware v. Sheriff Larry Smith

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TEXAS

No. 6:20-cv-00582 consolidated with No. 6:20-cv-00583

Johnny Lee Wickware,

Plaintiff, v.

Sheriff Larry Smith et al.,

Defendants.

ORDER

On October 30, 2020, plaintiff Johnny Lee Wickware, proceed- ing pro se and □□ forma pauperis, filed this civil-rights lawsuit (Doc. 1) pursuant to 42 U.S.C. § 1983. The case was referred to United States Magistrate Judge K. Nicole Mitchell pursuant to 28 U.S.C. § 636(b). Doc. 3.

On March 22, 2021, the magistrate judge instructed plaintiff to file an amended complaint within thirty days of receipt of the order. Doc. 22. Plaintiff failed to do so. On September 17, 2021, the magis- trate judge entered a report recommending that plaintiff’s case be dismissed without prejudice for want of prosecution and failure to obey an order. Doc. 24. No objections were filed.

When no party objects to the magistrate judge’s report and rec- ommendation, the court reviews it only for clear error. See Douglass □□ United Servs. Auto. Ass’n, 79 F.3d 1415, 1420 (5th Cir. 1996). Hav- ing reviewed the magistrate judge’s report and being satisfied that the report contains no clear error, the court accepts the findings and conclusions of the court. Accordingly, the complaint is dismissed without prejudice for failure to prosecute and for failure to comply with a court order.

So ordered by the court on November 8, 2021. _flecbode BARKER

United States District Judge