Grimes v. Holman

District Court, E.D. Texas

Grimes v. Holman

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:23-cv-00508 John A. Grimes, Plaintiff, V. Unknown Holman et al., Defendants.

ORDER Plaintiff John A. Grimes, an inmate of the Texas Department of Criminal Justice proceeding pro se, asserted a claim of excessive heat that was unrelated to the other claims in his previous civil rights law- suit under

42 U.S.C. § 1983

. Doc. 2. Accordingly, the court severed the heat claim into this new action (Doc. 1), which was referred to United States Magistrate Judge K. Nicole Mitchell pursuant to

28 U.S.C. § 636

(b). On December 14, 2023, the magistrate judge issued a report rec- ommending that this case be dismissed without prejudice due to plaintiff ’s failure to comply with the court’s order to satisfy the filing fee requirement for this case and to file an amended complaint. Doc. 6. A copy of the report was mailed to plaintiff, who received it on December 22, 2023, but he did not file written objections. Doc. 8. 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. This case is dismissed without prejudice.

So ordered by the court on February 14, 2024.

jl CAMPBELL BARKER United States District Judge

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Reference

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