Hopkins v. Collier

District Court, E.D. Texas

Hopkins v. Collier

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:21-cv-00315 Jedidiah O. Hopkins, Plaintiff, V. Bryan Collier et al., Defendants.

ORDER On August 10, 2021, plaintiff Jedidiah O. Hopkins, proceeding pro se, together with Donis Lemond Denby and Mitchell Stasney, filed this civil-rights lawsuit pursuant to

42 U.S.C. § 1983

. The case was severed into three individual lawsuits, one for each plaintiff. Doc. 7. The case was then referred to United States Magistrate Judge K. Nicole Mitchell pursuant to

28 U.S.C. § 636

(b). Doc. 8. On August 19, 2021, the magistrate judge instructed plaintiff to pay the statutory filing fee or to file an application for leave to pro- ceed im forma pauperis. Doc. 9. By separate order, the magistrate judge also ordered plaintiff to file an amended complaint. Doc. 10. Plaintiff failed to comply with either order. On December 13, 2021, the magistrate judge issued a report recommending that plaintiff’s case be dismissed without prejudice for failure to prosecute or to obey a court order. Doc. 17. No objections have been filed. When there have been no timely objections to a 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

(5th Cir. 1996). Having reviewed the magistrate judge’s report, and being satisfied that it contains no clear error, the court accepts its findings and recommendation. Plaintiff’s civil-rights action is dis- missed without prejudice for failure to prosecute or to obey a court order.

So ordered by the court on February 2, 2022.

j! CAMPBELL BARKER United States District Judge

Reference

Status
Unknown