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

§ HUGHEY M BUCHANAN, § § Plaintiff, § § v. § § Case No. 6:22-cv-353-JDK-JDL ETHAN SALA, OFFICER 12155; FW § HOLLAND, OFFICER 12102; AND § CITY OF TYLER POLICE § DEPARTMENT, § § Defendants. § §

ORDER ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Plaintiff Hughey Buchanan, proceeding pro se and in forma pauperis, filed this civil rights lawsuit pursuant to

. The case was referred to United States Magistrate Judge John D. Love for findings of fact, conclusions of law, and recommendations for disposition. On November 17, 2022, Judge Love issued a Report recommending that the Court dismiss this case without prejudice for failure to state a claim upon which relief can be granted. Docket No. 12. Plaintiff acknowledged receipt of the Report on November 21, 2022. Docket No. 13. No objections to the Report were filed and the time period for filing objections has passed. This Court reviews the findings and conclusions of the Magistrate Judge de novo only if a party objects within fourteen days of service of the Report and Recommendation.

(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,

(5th Cir. 1996) (en bane), superseded on other grounds by statute,

(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 the legal conclusions to determine whether they are contrary to law. See United States v. Wilson,

(5th Cir. 1989), cert. denied,

(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 Report 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 Report and Recommendation of the United States Magistrate Judge (Docket No. 12) as the findings of this Court. It is therefore ORDERED that this case is DISMISSED without prejudice for failure to state a claim upon which relief can be granted. So ORDERED and SIGNED this 12th day of January, 2023. qn J Korb JHKREMYD. KERN DLE UNITED STATES DISTRICT JUDGE