Elliott v. Cerliano

District Court, E.D. Texas

Elliott v. Cerliano

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:20-cv-00446 Rodrick Elliott, Plaintiff, V. Maxey Cerliano, Defendant.

ORDER Plaintiff Rodrick Elliott, proceeding pro se and 7m forma pauperis, filed this civil-rights lawsuit pursuant to

42 U.S.C. § 1983

. The case was referred to United States Magistrate Judge K. Nicole Mitchell, who issued a report and recommendation (Doc. 17) concluding that plaintiff’s complaint should be dismissed with prejudice for failure to state a claim upon which relief can be granted pursuant to 28 U.S.C. § 1915A(b)(1). No objections were filed. When there have been no timely objections filed 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 dis- missed, with prejudice, for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. § 1915A(b)(1). Any pending motions are denied. So ordered by the court on July 6, 2022.

j/ CAMPBELL BARKER United States District Judge

Reference

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