Butler v. Collier

District Court, E.D. Texas

Butler v. Collier

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:22-cv-00347 Mickey Don Butler, Plaintiff, V. Brian Collier et al., Defendants.

ORDER Plaintiff Mickey Don Butler, an inmate of the Texas Department of Criminal Justice proceeding pro se and im forma pauperis, filed this civil-rights lawsuit pursuant to

42 U.S.C. § 1983

. The case was re- ferred to United States Magistrate Judge K. Nicole Mitchell pursu- ant to

28 U.S.C. § 636

(b). Doc. 3. On October 20, 2022, the magistrate judge submitted a report recommending that plaintiff’s claims against defendant Collier be dismissed for failure to state a claim upon which relief can be granted. Doc. 10. Plaintiff’s other claims are proceeding as in- structed by separate order. Jd. at 3. A copy of the report was mailed to plaintiff, who has not filed an objection within the time permitted. When no party objects to the magistrate judge’s report and rec- ommendation, the court reviews it only for clear error. See Douglass vy. United Servs. Auto. Ass’n,

79 F.3d 1415, 1420

(5th Cir. 1996). Hav- ing reviewed the magistrate judge’s report and being satisfied that it contains no clear error, the court accepts its findings and recommen- dation. Defendant Collier is dismissed from this suit pursuant to 28 U.S.C. §§ 1915A(b) and 1915(e)(2). So ordered by the court on January 12, 2023. fLacbok BARKER United States District Judge

Reference

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