Moreno v. Federal Bureau of Prisons

District Court, E.D. Texas

Moreno v. Federal Bureau of Prisons

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION § JESUS MORENO, § § Plaintiff § § v. § Case No. 5:20-cv-00068 § FEDERAL BUREAU OF PRISONS, § ET AL. § § Defendants § ORDER Plaintiff Jesus Moreno, proceeding pro se, filed this lawsuit under

42 U.S.C. §1983

. This Court ordered that the case be referred to the United States Magistrate Judge pursuant to

28 U.S.C. § 636

(b)(1) and (3). On February 22, 2021, the Magistrate Judge issued a Report recommending dismissal of the lawsuit for failure to prosecute or obey an order of the Court. Docket No. 4. Plaintiff received a copy of the Report on February 27, 2021 (Docket No. 5), but no objections have been received. Consequently, the Plaintiff is barred from de novo review by the Court of those findings, conclusions and recommendations. Plaintiff is also barred from appellate review—except upon grounds of plain error—of the unobjected-to factual findings and legal conclusions accepted and adopted by the Court. Duarte v. City of Lewisville, Tex.,

858 F.3d 348, 352

(5th Cir. 2017). It is therefore ORDERED that the Report of the Magistrate Judge (Docket No. 4) is ADOPTED as the opinion of the Court. It is further ORDERED that the above-styled civil action is DISMISSED WITHOUT PREJUDICE for failure to prosecute or to obey an order of the Court. It is further ORDERED that any and all motions which may be pending in this civil action are hereby DENIED.

So ORDERED and SIGNED this 3rd day of December, 2021.

foeher t LU Glrimecis. G2 ROBERT W. SCHROEDER III UNITED STATES DISTRICT JUDGE

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