Major v. State Bar of Texas

District Court, W.D. Texas

Major v. State Bar of Texas

Trial Court Opinion

FILER IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS 1823 APR 20 PH 3: 26 AUSTIN DIVISION CLERK. US DISTRI WESTERN ols TRICT OF □□ ‘ § By OK MICHAEL J. MAJOR, § □□□□ PLAINTIFF, § § V. § § STATE BAR OF TEXAS AND § | CAUSE NO. 1:23-CV-256-LY THE AMERICAN BAR § ASSOCIATION, § DEFENDANTS. § § § ORDER ON REPORT AND RECOMMENDATION Before the court is the above-referenced cause, which was referred to the United States Magistrate Judge for findings and recommendations. See

28 U.S.C. § 636

(b); FED. R. Civ. P. 72; Loc. R. W. D. Tex. Appx. C, 1. The magistrate judge granted Plaintiff Pro Se Michael Major leave to proceed in forma pauperis and reviewed the complaint to determine if the action may proceed. See

28 U.S.C. § 1915

(e) (“Section 1915(e)”). The magistrate judge rendered the Report and Recommendation on March 30, 2023, recommending that the court dismiss Major’s lawsuit as frivolous pursuant to Section 1915(e) (Doc. #4). A party may serve and file specific, written objections to the proposed findings and recommendations of the magistrate judge within 14 days after being served with a copy of the Report and Recommendation, and thereby secure a de novo review by the district court. See

28 U.S.C. § 636

(b); FED. R. Civ. P. 72(b). A party’s failure to timely file written objections to the proposed findings, conclusion, and recommendations in a Report and Recommendation bars that party, except upon grounds of plain error, from attacking on appeal the unobjected-to proposed factual findings and legal conclusions accepted by the district court. See Douglass v. United

States Auto Ass’n,

79 F.3d 1415

(Sth Cir. 1996) (en banc). Major filed objections to the Report and Recommendation on April 17, 2023 (Doc. #6). In light of the objections, the court has undertaken a de novo review of the entire case file and finds that the magistrate judge’s report and recommendation should be approved and accepted by the court for substantially the reasons stated therein. — IT IS THEREFORE ORDERED that Plaintiff Michael Major’s objections to the Report and Recommendation (Doc. #6) are OVERRULED. IT IS FURTHER ORDERED that the United States Magistrate Judge’s Report and Recommendation (Doc. #4) filed in this cause is APPROVED and ACCEPTED. IT IS FURTHER ORDERED that Plaintiff Michael Major’s lawsuit is DISMISSED as frivolous under Section 1915(e). The court will render final judgment by separate order. SIGNED this La day of April, 2023.

Che (OF ITED STATES DISTRICT JUDGE

Reference

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