Chaseberry v. White

District Court, E.D. Texas

Chaseberry v. White

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:23-cv-00110 Donnie Chaseberry, Plaintiff, V. FNU Dr. White, Defendant.

ORDER Plaintiff Donnie Chaseberry, proceeding pro se and 7m forma pau- peris, filed the above-styled and numbered civil rights lawsuit pursu- ant to

42 U.S.C. § 1983

. The case was referred to United States Mag- istrate Judge John D. Love. Thereafter, defendant FNU Dr. White filed a motion for summary judgment for failure to exhaust adminis- trative remedies (Doc. 16). On July 14, 2023, Judge Love issued a report and recommendation (Doc. 18), recommending that the mo- tion be granted and that plaintiff’s claims be dismissed without prej- udice for failure to exhaust administrative remedies. To date, no ob- jections have been filed, and the time period for doing so has passed. 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 it contains no clear error, the court accepts its findings and recommen- dation (Doc. 18). For the reasons stated in the report, defendant’s motion for summary judgment (Doc. 16) is granted. This action is dismissed without prejudice for plaintiff’s failure to exhaust admin- istrative remedies.

So ordered by the court on September 18, 2023.

yj? CAMPBELL BARKER United States District Judge

Reference

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