Williams v. Mongare
Williams v. Mongare
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION
§ JAY WILLIAMS, #2300216, § § Plaintiff, § § v. § Case No. 6:23-cv-151-JDK-KNM § JOB MONGARE, § § Defendant. § §
ORDER ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Plaintiff Jay Williams, a Henderson County Jail inmate proceeding pro se, brings this civil rights lawsuit under
42 U.S.C. § 1983. The case was referred to United States Magistrate Judge K. Nicole Mitchell pursuant to
28 U.S.C. § 636. On May 31, 2023, Judge Mitchell issued a Report and Recommendation recommending that the Court dismiss this case without prejudice for Plaintiff’s failure to comply with a Court order. Docket No. 17. Judge Mitchell found that, despite being ordered to do so, Plaintiff failed to submit the requisite filing fee or a motion for leave to proceed in forma pauperis. Plaintiff filed objections. Docket Nos. 19, 20. Where a party timely objects to the Report and Recommendation, the Court reviews the objected-to findings and conclusions of the Magistrate Judge de novo.
28 U.S.C. § 636(b)(1). In conducting a de novo review, the Court examines the entire record and makes an independent assessment under the law. Douglass v. United Servs. Auto. Assn,
79 F.3d 1415, 1430(5th Cir. 1996) (en banc), superseded on other grounds by statute,
28 U.S.C. § 636(b)(1) (extending the time to file objections from ten to fourteen days). Plaintiffs objections are largely indecipherable, make no mention of the filing fee, and identify no error in Judge Mitchell’s Report. Accordingly, the Court overrules Plaintiffs objections. Having conducted a de novo review of the record in this case and the Magistrate Judge’s Report, the Court has determined that the Report of the Magistrate Judge is correct, and Plaintiffs objections are without merit. Accordingly, the Court hereby ADOPTS the Report of the Magistrate Judge (Docket No. 17) as the opinion of the District Court. Plaintiffs claims are DISMISSED without prejudice for failure to comply with a Court order.
Signed this ) wl Mar 19, 2024 JERQMY DJ KERNODEE UNITED STATES DISTRICT JUDGE
Reference
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