Watson v. Longview Police Department
Watson v. Longview Police Department
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION
GREGORY GERARD WATSON, § § Plaintiff, § § v. § Case No. 6:21-cv-479-JDK-JDL § LONGVIEW POLICE DEPT., et al., § § Defendants. §
ORDER ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Plaintiff Gregory Gerard Watson, an inmate of the Gregg County Jail 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 February 23, 2022, Judge Love issued a Report recommending that Plaintiff’s civil rights lawsuit be dismissed for failure to prosecute because Plaintiff had failed to comply with the Court’s order to file an amended complaint to cure deficiencies in the original complaint. Docket No. 7. A copy of this Report was mailed to Plaintiff, who did not file written objections to the Report. 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79 F.3d 1415, 1430(5th Cir. 1996) (en banc), superseded on other grounds by statute,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 her 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. 7) as the findings of this Court. It is therefore ORDERED that this case is DISMISSED without prejudice for failure to prosecute. All pending motions are DENIED as MOOT. So ORDERED and SIGNED this 25th day of March, 2022. qn 2 Kode JERGMY D, KERNODIE UNITED STATES DISTRICT JUDGE
Reference
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