Johnson v. Hughes
Johnson v. Hughes
Trial Court Opinion
FOR THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION § LARRY B. JOHNSON § § Plaintiff § § v. § Case No. 5:23cv34-JRG-JBB § J. HUGHES, ET AL. § § Defendants § §
ORDER OF DISMISSAL Plaintiff Larry Johnson, proceeding pro se, filed the above-styled and numbered civil rights lawsuit complaining of alleged deprivations of his constitutional rights. The case was referred to the United States Magistrate Judge in accordance with
28 U.S.C. § 636. On February 26, 2024, the Magistrate Judge issued a Report recommending that the lawsuit be dismissed without prejudice for failure to prosecute or to obey an order of the Court. Plaintiff received a copy of this Report on March 6, 2024, but no objections have been filed. Accordingly, Plaintiff is barred from de novo review by the District Judge of those findings, conclusions, and recommendations and, except upon grounds of plain error, from appellate review of the unobjected- to factual findings and legal conclusions accepted and adopted by the District Court. Duarte v. City of Lewisville, Texas,
858 F.3d 348, 352(5th Cir. 2017). The Court has reviewed the pleadings in this cause and the Report of the Magistrate Judge. Upon such review, the Court has determined that the Report of the Magistrate Judge is correct. See United States v. Wilson,
864 F.2d 1219, 1221(5th Cir.), cert. denied,
492 U.S. 918(1989) (where no objections to a Magistrate Judge’s Report are filed, the standard of review is “clearly erroneous, abuse of discretion and contrary to law.”) It is accordingly ORDERED that the Report of the Magistrate Judge (docket no. 15) is ADOPTED as the opinion of the District Court. It is further ORDERED that the above-styled civil action is DISMISSED without prejudice for failure to prosecute or to obey an order of the Court. It is further ORDERED that any and all motions which may be pending in this civil action are hereby DENIED.
So Ordered this Jun 21, 2024
Smo, - / \IEXne p RODNEY GILSTRAP \ UNITED STATES DISTRICT JUDGE
Reference
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