Moss v. New Boston Police Department

District Court, E.D. Texas

Moss v. New Boston Police Department

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION

DAQUIRI MOSS, § §

§ CIVIL ACTION NO. 5:21-CV-00122-RWS-CMC Plaintiff, § (consolidated with 5:21-CV-00124) § v. §

§ NEW BOSTON POLICE DEPARTMENT, § et al., § § Defendants. §

ORDER Plaintiff Daquiri Moss, an inmate proceeding pro se, filed the above-styled and numbered civil actions complaining of alleged violations of his constitutional rights. The cases were consolidated and referred to the United States Magistrate Judge in accordance with

28 U.S.C. § 636

. On January 3, 2022, Plaintiff was ordered to pay an initial partial filing fee of $5.00, in accordance with

28 U.S.C. § 1915

(b). He received a copy of this order on January 5, 2022, but did not comply. On March 28, 2022, the Magistrate Judge issued a Report recommending dismissal of the lawsuit without prejudice for failure to prosecute or to obey an order of the Court. Docket No. 11. Plaintiff received a copy of this Report on March 31, 2022, but no objections have been received; accordingly, Plaintiff is barred from de novo review by the District Judge of those findings, conclusions, 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). Nonetheless, the Court has reviewed the pleadings and the Magistrate Judge’s Report and agrees with the Report. See United States v. Wilson,

864 F.2d 1219, 1221

(Sth Cir.), cert. denied,

492 U.S. 918

(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 accordingly ORDERED that the Magistrate Judge’s Report (Docket No. 11) is ADOPTED as the opinion of the Court. It is further ORDERED that the above-captioned consolidated civil actions are DISMISSED WITHOUT PREJUDICE for failure to prosecute or to obey an order of the Court.

So ORDERED and SIGNED this 9th day of May, 2022.

fe Doher F LO? frerrs ecse. □□□ = ROBERT W. SCHROEDER III UNITED STATES DISTRICT JUDGE

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