UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:22-cv-00298 consolidated with No. 6:22-cv-00329 David Eugene Fields, Plaintiff, V. FNU Dr. White, Defendant.

ORDER Plaintiff David Eugene Fields, a prisoner of the Texas Depart- ment of Criminal Justice proceeding pro se, inadvertently filed two civil rights lawsuits under

, which asserted the same claim and were consolidated under the original matter number. Doc. 5. The case was referred to United States Magistrate Judge K. Nicole Mitchell pursuant to

(b). Doc. 2. On January 8, 2024, the magistrate judge issued a report recom- mending that defendant’s motion for summary judgment be granted and that this case be dismissed without prejudice due to plaintiff’s failure to exhaust administrative remedies. Doc. 20. Plaintiff did not file timely objections. The copy of the report that was mailed to his last known address was returned to the court as undeliverable, marked “no longer in custody.” Doc. 21. 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,

(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. The court grants defendant’s motion (Doc. 15) and dismisses this case without prejudice.

So ordered by the court on February 14, 2024.

ji CAMPBELL BARKER United States District Judge

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