Washington v. Krispy
Washington v. Krispy
Trial Court Opinion
FOR THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION § JEROME WASHINGTON § § Plaintiff § § v. § Case No. 5:20-cv-00029-RWS-CMC § KELLEY KRISPY § § § Defendant §
ORDER Plaintiff Jerome Washington, proceeding pro se, filed the above-styled and numbered civil action complaining of alleged violations of his constitutional rights. The case was referred to the United States Magistrate Judge in accordance with
28 U.S.C. § 636. Plaintiff sued an assistant district attorney in Bowie County, the correct spelling of whose name is Kelley Crisp. Docket No. 1. After review of the pleadings, the Magistrate Judge issued a Report on November 16, 2021, recommending dismissal of the lawsuit for want of subject matter jurisdiction. Docket No. 8. A copy of this Report was sent to Plaintiff at his last known address, return receipt requested, but was returned as undeliverable and unable to forward. Docket No. 9. Plaintiff has not apprised the Court of his current mailing address. Because no objections have been received to the Report (Docket No. 8), Plaintiff is barred from de novo review by the District Judge of those findings, conclusions and recommendations, and—except upon grounds of plain error—from appellate review of the unobjected-to factual findings and legal conclusions accepted and adopted by the District Court. Duarte v. City of Lewisville, Texas,
858 F.3d 348, 352(5th Cir. 2017). The Court has reviewed the pleadings in this cause and the Report of the Magistrate Judge. Docket No. 8. Upon such review, the Court has determined that the Report of the Magistrate Judge (id.) is correct. See United States v. Wilson,
864 F.2d 1219, 1221(5th Cir. 1989), cert. denied,
492 U.S. 918,
109 S.Ct. 3243(1989) (where no objections to a Magistrate Judge’s Report are filed, the standard of review is “clearly erroneous, abuse of discretion and contrary to law.”) It is ORDERED that the Report of the Magistrate Judge (Docket No. 8) is ADOPTED as the opinion of the District Court. It is further ORDERED that the above-styled civil action is DISMISSED WITHOUT PREJUDICE for want of subject matter jurisdiction. It is further ORDERED that any and all motions which may be pending in this civil action are hereby DENIED.
IT IS SO ORDERED.
SIGNED this 22nd day of April, 2022.
[oober ft LU e ROBERT W. SCHROEDER III UNITED STATES DISTRICT JUDGE
Reference
- Status
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