Baker v. Collier

District Court, E.D. Texas

Baker v. Collier

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION BILL BAKER, #1487373 § § Plaintiff, § CIVIL ACTION NO. 6:20-CV-00413-JDK § v. § § BRYAN COLLIER, ET AL., § § Defendants. § ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE This action was referred to United States Magistrate Judge K. Nicole Mitchell pursuant to

28 U.S.C. § 636

. On November 21, 2022, the Magistrate Judge issued a Report and Recommendation recommending that Plaintiff’s claims against Defendants in their individual capacities be dismissed with prejudice for failure to state a claim and that Plaintiff’s remaining claims be dismissed as moot. Docket No. 27. 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.

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(5th Cir. 1996) (en banc), superseded on other grounds by statute,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 file objections 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 Report and Recommendation, the Court finds no clear error or abuse of discretion and no conclusions contrary to law. The Court therefore adopts the Report and Recommendation of the United States Magistrate Judge (Docket No. 27) as the findings of this Court. Accordingly, it is ORDERED that the Magistrate Judge’s Report (Docket No. 27) is ADOPTED. It is finally ORDERED that Plaintiffs claims against the Defendants in their individual capacities are DISMISSED WITH PREJUDICE and Plaintiffs remaining claims are DISMISSED WITHOUT PREJUDICE as MOOT. So ORDERED and SIGNED this 12th day of January, 2023. qe D Kobe JERQMY D, KERNODIE UNITED STATES DISTRICT JUDGE

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