Madron v. Texas Department of Criminal Justice

District Court, E.D. Texas

Madron v. Texas Department of Criminal Justice

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:21-cv-00343 Michael Don Madron, Plaintiff, V. Texas Department of Criminal Justice et al., Defendants.

ORDER On August 30, 2021, plaintiff Michael Don Madron, proceed- ing pro se and im forma pauperis, filed this civil-rights lawsuit pur- suant to

42 U.S.C. § 1983

. The case was referred to United States Magistrate Judge K. Nicole Mitchell pursuant to

28 U.S.C. § 636

(b). Doc. 4. On June 13, 2022, the magistrate judge ordered plaintiff to file, within 30 days of receipt, an amended complaint. Doc. 26. On July 22, 2022, plaintiff filed a motion for extension of time to comply with the court’s order (Doc. 27), which was granted. Doc. 28. Plaintiff, however, did not file an amended complaint and did not request an additional extension of time. On January 8, 2023, the magistrate judge entered a report recommending that plain- tiff’s case be dismissed for want of prosecution and failure to obey an order. Doc. 29. No objections were filed. When there have been no timely objections 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 re- port and being satisfied that it contains no clear error, the court accepts its findings and recommendation. Plaintiff’s complaint is dismissed for failure to prosecute and for failure to comply with a court order. All pending motions are denied.

So ordered by the court on February 17, 2023.

j/ ‘CAMPBELL BARKER United States District Judge

Reference

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