Garcia v. Lumpkin

District Court, E.D. Texas

Garcia v. Lumpkin

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:22-cv-00279 Ramon Alvarado Garcia, Plaintiff, V. Douglas W. Foust et al., Defendants.

ORDER Plaintiff Ramon Alvarado Garcia, proceeding pro se and 7m forma pauperis, filed the above-styled civil rights lawsuit pursuant to

42 U.S.C. § 1983

. The case was referred to United States Magistrate Judge John D. Love. Thereafter, defendants Douglas Foust and Joce- lyn McCoy filed a motion for summary judgment for failure to ex- haust administrative remedies. Doc. 25. On September 6, 2023, Judge Love issued a report and recommendation (Doc. 26), recom- mending that the motion be granted, and that plaintiff’s claims be dismissed without prejudice for failure to exhaust administrative remedies. To date, no objections 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 United Servs. Auto. Ass’n,

79 F.3d 1415, 1420

(Sth Cir. 1996). Hav- ing reviewed the magistrate judge’s report (Doc. 26), and being sat- isfied that it contains no clear error, the court accepts its findings and recommendation. For the reasons stated in the report, defendants’ motion for summary judgment (Doc. 25) is granted. This action is dismissed without prejudice for plaintiff’s failure to exhaust admin- istrative remedies.

So ordered by the court on October 20, 2023.

j/ CAMPBELL BARKER United States District Judge

Reference

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