Peterson v. Gregg County Sheriff's Office
Peterson v. Gregg County Sheriff's Office
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:23-cv-00460 Richard Davis Peterson, Plaintiff, V. Gregg County Sheriff’s Office et al., Defendants.
ORDER Plaintiff Richard Davis Peterson, an inmate confined within the Gregg County Jail proceeding pro se and 7m forma pauperis, filed this civil rights lawsuit pursuant to
42 U.S.C. § 1983. Doc. 1. The case was referred to United States Magistrate Judge K. Ni- cole Mitchell. Doc. 2. On January 13, 2025, the magistrate judge issued a report and recommendation that defendants’ motion for summary judgment (Doc. 17) be granted—and that plaintiff’s lawsuit be dismissed without prejudice for failure to exhaust ad- ministrative remedies. Doc. 21. The court sent a copy of the report to plaintiff. Although plaintiff subsequently filed a motion for the appointment of coun- sel, that motion was denied. Doc. 23. Plaintiff did not file objec- tions or otherwise respond to the report and recommendation, and the time for doing so has passed. When there have been no timely objections to a magistrate judge’s report and recommendation, the court reviews it only for clear error. See Douglass v. United Servs. Auto. Ass’n,
79 F.3d 1415, 1420(5th Cir. 1996). Having reviewed the magistrate judge’s re- port, and being satisfied that it contains no clear error, the court accepts its findings and recommendation. Defendants’ motion for summary judgment (Doc. 17) is granted. Plaintiff’s lawsuit is dis- missed without prejudice for failure to exhaust administrative remedies. Any pending motions are dismissed.
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So ordered by the court on February 24, 2025.
jf CAMPBELL BARKER United States District Judge
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Reference
- Status
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