Breckles v. Collier
Breckles v. Collier
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION JOHN ALLEN BRECKLES, #2366546, § § Plaintiff, § § v. § Case No. 6:22-cv-086-JDK-KNM § BRYAN COLLIER, et al., § § Defendants. § ORDER ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Plaintiff John Allen Breckles, a prisoner of the Texas Department of Criminal Justice proceeding pro se, filed this civil rights lawsuit pursuant to
42 U.S.C. § 1983about alleged violations of his constitutional rights in prison. The case was referred to United States Magistrate K. Nicole Mitchell for findings of fact, conclusions of law, and recommendations for the disposition of the case. Plaintiff filed a motion for preliminary injunction on April 6, 2022. Docket No. 14. On April 8, 2022, the Magistrate Judge issued a Report recommending that the motion be denied. Docket No. 17. A copy of the Report was mailed to Plaintiff, and he did not file written objections to the Report within the time provided. 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79 F.3d 1415, 1430(5th Cir. 1996) (en banc), superseded on other grounds by statute,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 Reports 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 Reports and Recommendations of the United States Magistrate Judge (Docket No. 17) as the findings of this Court. It is therefore ORDERED that Plaintiffs motion for preliminary injunction (Docket No. 14) is DENIED. So ORDERED and SIGNED this 28th day of June, 2022. ue 2 Kode JERYMY D, RERNODIE UNITED STATES DISTRICT JUDGE
Reference
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