Sanders v. Collier

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:22-cv-00139 Stanley Sanders, Plaintiff, V. Bryan Collier et al., Defendants.

ORDER Plaintiff Stanley Sanders, a former inmate of the Texas Depart- ment of Criminal Justice proceeding pro se and 7m forma pauperis, filed this civil rights lawsuit pursuant 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. 2.

On January 31, 2024, the magistrate judge issued a report recom- mending that defendant Nina Tanner’s motion for summary judg- ment be denied as procedurally defective due to its reliance on an affidavit that was not filed with the motion and an insufficient cita- tion to the record. Doc. 44. Defendant did not file timely objections to the report.

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. Defendant’s motion (Doc. 39) is denied with leave to refile the motion with proper evidentiary support and citations within 30 days of entry of this order.

So ordered by the court on February 27, 2024.

j! CAMPBELL BARKER United States District Judge _2-