Smith v. LPD
Smith v. LPD
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:22-cv-00413 Leonard Smith, Plaintiff, V. LPD, Defendant.
ORDER On October 24, 2022, plaintiff Leonard Smith, proceeding pro se, filed this civil-rights lawsuit pursuant to
42 U.S.C. § 1983. Doc. 1. The case was referred to United States Magistrate Judge John D. Love pursuant to
28 U.S.C. § 636(b). Doc. 2. On February 20, 2023, the magistrate judge instructed plaintiff, within thirty days of receipt of the order, to either pay the $402 filing fee or submit an application to proceed in forma pauperis along with a current six-month history of his inmate trust fund account. Doc. 8. The order was mailed to plaintiff at his last known address at the Gregg County Jail on February 21, 2023. On March 10, 2023, the order was returned to the court marked as “return to sender” and “not at this facility.” Doc. 10. On March 15, 2023, the magistrate judge entered a report recommending that plaintiff’s case be dis- missed for want of prosecution and failure to obey an order. Doc. 11. The report noted that plaintiff failed to provide a change of address to the court. No objections were filed. 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(Sth Cir. 1996). Hav- ing reviewed the magistrate judge’s report and being satisfied that the report contains no clear error, the court accepts its findings and recommendation. Accordingly, the complaint is dismissed for failure to prosecute and for failure to comply with a court order.
So ordered by the court on May 31, 2023.
j! CAMPBELL BARKER United States District Judge
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Reference
- Status
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