Bamburg v. Bell

District Court, E.D. Texas

Bamburg v. Bell

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:20-cv-00452 Samuel X. Bamburg, Plaintiff, V. Lt. Unknown Bell et al., Defendants.

ORDER Plaintiff Samuel X. Bamburg initiated this action, proceeding pro se, on August 14, 2020. Doc. 1. The cause of action was referred to United States Magistrate Judge John D. Love, who issued a report recommending that defendants’ motion for summary judgment (Doc. 42) be granted and the claims against Officer Doyle be dis- missed without prejudice for plaintiff’s failure to exhaust adminis- trative remedies. Doc. 49. No objections to the report and recom- mendation have been filed, and the timeframe for doing so has passed. 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. Wil- son,

864 F.2d 1219, 1221

(5th Cir. 1989) (holding that, ifno 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 being satis- fied that it contains no clear error, the court accepts its findings and recommendation. Accordingly, the report and recommendation (Doc. 49) is accepted. Fed. R. Civ. P. 72(b)(3). Defendant’s motion for summary judgment (Doc. 42) is granted, and the claims against Officer Doyle are dismissed without prejudice.

So ordered by the court on April 7, 2022.

jf CAMPBELL BARKER United States District Judge

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Reference

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