Elliott v. Cerliano
Elliott v. Cerliano
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:20-cv-00450 Rodrick Elliott, Plaintiff, V. Maxey Cerliano, Defendant.
ORDER Plaintiff Rodrick Elliott, an inmate proceeding pro se, filed this civil-rights lawsuit pursuant to
42 U.S.C. § 1983. The case was referred to United States Magistrate Judge K. Nicole Mitchell. On May 19, 2022, the magistrate judge issued a report recommending that plaintiff’s lawsuit be dismissed, without prejudice, for plaintiff’s failure to comply with an order of the court. Doc. 11. The magistrate judge also recommended that, pursuant to Campbell v. Wilkinson, the statute of limitations be suspended for a period of sixty days upon issuance of final judgment.
988 F.3d 798, 801 n.1 (5th Cir. 2021) (explaining that “[w]here further litigation of [a] claim will be time-barred, a dismissal without prejudice is no less severe a sanction than a dismissal with prejudice, and the same standard of review is used”). A copy of this report was sent to plaintiff at his address. To date, however, no objections to the report 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 therefore dismissed, without prejudice, for plaintiff’s failure to comply with an order of the
court. The statute of limitations is hereby suspended for a period of sixty days upon issuance of final judgment. Any pending motions are denied.
So ordered by the court on July 7, 2022.
J.“CAMPBELL BARKER United States District Judge
-2-
Reference
- Status
- Unknown