UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:24-cv-00303 James D Williams, Plaintiff, v. Ezenwanyi Onwuchekwa et al., Defendants.

ORDER Plaintiff James D. Williams, proceeding pro se and in forma pauperis, filed this civil-rights lawsuit under

. The case was referred to a magistrate judge under

(b). Doc. 2. Plaintiff filed a second amended complaint raising claims for monetary damages against the defendants in their offi- cial capacities and for declaratory and permanent injunctive relief, among other claims. Doc. 31; see also New Orleans Ass'n of Ceme- tery Tour Guides & Co. v. New Orleans Archdiocesan Cemeteries,

, 1033 (5th Cir. 2023) (“An amended complaint super- sedes the original complaint and renders it of no legal effect”). The magistrate judge issued a report and recommendation that plaintiff’s claims for monetary damages against defendants in their official capacities be dismissed without prejudice as pro- hibited by the Eleventh Amendment. Doc. 42 at 6, 8; see also Frew v. Hawkins,

(2004) (citing Seminole Tribe of Fla. vy. Fla.,

(1996)). The report further recommended that plaintiff’s claims for declaratory and injunctive relief be de- nied as moot and for lack of standing. Jd. at 8; see also Bauer ». Texas,

(5th Cir. 2003) (“To obtain [declaratory] relief for past wrongs, a plaintiff must demonstrate either contin- uing harm or a real and immediate threat of repeated injury in the future.”). Plaintiff did not file objections to the report and recom- mendation. The time for doing so has passed. See U.S. Bank Trust N.A. v. Walden,

(Sth Cir. 2024) (“Under

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Federal Rule of Civil Procedure 72, a party has 14 days to file ob- jections to the proposed findings and recommendations of the magistrate judge.”). When there have been no timely objections to a magistrate judge’s report and recommendation, the court reviews it only for clear error. Douglass vy. United Servs. Auto. Ass'n,

(5th Cir. 1996) (en banc), superseded by statute on other grounds,

(b)(1) (extending the time to file objec- tions from ten to fourteen days). Having reviewed the magistrate judge’s report and being satisfied it contains no clear error, the court accepts its findings and recommendation. Plaintiff’s claims for money damages against the defendants in their official capac- ities are dismissed without prejudice. Further, plaintiff’s request for declaratory relief and injunctive relief in the form of a unit transfer is denied without prejudice for mootness and lack of standing. Plaintiffs retaliation and medical deliberate indiffer- ence claims against defendants Onwuchekwa, Dorety, and King, in their individual capacities, remain pending. So ordered by the court on August 27, 2025. nbc —feboabac ___ United States District Judge

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