Wright v. Flemming
Wright v. Flemming
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION § TAKARY JERMAINE WRIGHT, § § Plaintiff, § § v. § CIVIL ACTION NO. 5:23-CV-11-RWS-JBB § OFFICER FLEMING, et al., § § Defendants. § §
ORDER Pro se Plaintiff Takary Wright filed this civil rights lawsuit under
42 U.S.C. § 1983alleging Defendants violated his constitutional rights. The Court referred the case to the United States Magistrate Judge. On August 8, 2025, the Magistrate Judge issued a Report and Recommendation, recommending that Defendants’ motion for summary judgment (Docket No. 27) and motion to supplement the motion for summary judgment (Docket No. 28) be granted and the case be dismissed with prejudice. Docket No. 33. Plaintiff received a copy of this Report on August 13, 2025 but filed no objections. Docket No. 34. Accordingly, he is barred from de novo review of the 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 and the Report and Recommendation of the Magistrate Judge. After 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 and Recommendation of the Magistrate Judge (Docket No. 33) is ADOPTED as the opinion of the District Court. It is further ORDERED that Defendants’ motion for summary judgment (Docket No. 27) and motion to supplement the motion for summary judgment (Docket No. 28) are GRANTED. It is further ORDERED that the case is DISMISSED WITH PREJUDICE. It is further ORDERED that any pending motions in this case are DENIED-AS-MOOT. So ORDERED and SIGNED this 5th day of September, 2025.
foohert LU lrivechs. G2. ROBERT W. SCHROEDER II UNITED STATES DISTRICT JUDGE
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