Williams v. Abbott

District Court, E.D. Texas

Williams v. Abbott

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION

JAY WILLIAMS, § § Plaintiff, § § v. § § Case No. 6:23-cv-260-JDK-KNM GREGG ABBOTT, § § Defendant. §

ORDER ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Plaintiff Jay Williams, a former Texas Department of Criminal Justice inmate proceeding pro se, filed this civil rights lawsuit pursuant to

42 U.S.C. § 1983

. The case was referred to United States Magistrate Judge K. Nicole Mitchell for findings of fact, conclusions of law, and recommendations for disposition. On May 7, 2025, Judge Mitchell issued a Report recommending that this case be dismissed with prej udice for failure to state a claim. Docket No. 5. In the alternative, she recommended dismissing his complaint, without prejudice, for failure to comply with an order of the Court.

Id. at 3

. A cop y of this Report was sent to Plaintiff’s last-known address, but it was returned as undeliverable with the notation that Plaintiff “refused the mail.” Docket No. 6. No objections have been received. This Court reviews the findings and conclusions of the Magistrate Judge de novo only if a party o bjects within fourteen days of service of the Report and Recommendation.

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. Ass’n,

79 F.3d 1415, 1430

(5th Cir. 1996) (en bane), superseded on other grounds by statute,

28 U.S.C. § 636

(b)(1) (extending the time to file objections from ten to fourteen days). Here, Plaintiff did not object in the prescribed period. The Court therefore reviews the Magistrate Judge’s findings for clear error or abuse of discretion and reviews the legal conclusions to determine whether they are contrary to law. See United States v. Wilson,

864 F.2d 1219, 1221

(5th Cir. 1989) (holding that, if no objections to a Magistrate Judge’s Report are filed, the standard of review is “clearly erroneous, abuse of discretion and contrary to law’). Having reviewed the Magistrate Judge’s Report and the record in this case, the Court finds no clear error or abuse of discretion and no conclusions contrary to law. Accordingly, the Court hereby ADOPTS the Report and Recommendation of the United States Magistrate Judge (Docket No. 5) as the findings of this Court. This case is DISMISSED with prejudice for failure to state a claim upon which relief may be granted. Any pending motions are DENIED as moot. So ORDERED and SIGNED this 6th day of June, 2025. ey J Korb JHREMYD. KERN DLE UNITED STATES DISTRICT JUDGE

Reference

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