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

MICHAEL KELLEY, § § Plaintiff, § § v. § CIVIL ACTION NO. 5:24-CV-195-RWS-JBB § FREDDY BOOKER, et al., § § Defendants. §

ORDER Plaintiff Michael Kelley, an inmate proceeding pro se, filed this civil rights lawsuit complaining of alleged violations of his constitutional rights. Docket No. 1. The lawsuit was referred to United States Magistrate Judge J. Boone Baxter pursuant to

. On October 28, 2025, the Magistrate Judge issued a report and recommendation, recommending that Plaintiff’s lawsuit be dismissed with prejudice as frivolous and for failure to state a claim upon which relief may be granted. Docket No. 15 at 4. The Magistrate Judge further recommended that “[t]he dismissal of this lawsuit should have no effect upon Plaintiff’s right to challenge his conviction through any lawful means.”

Plaintiff received a copy of the Report and Recommendation on November 4, 2025, but has filed no objections to date. Docket No. 16. Accordingly, Plaintiff is barred from de novo review by the District Judge of those 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,

(5th Cir. 2017); Arriaga v. Laxminarayan, No. 4:21-CV-00203-RAS,

, at *1 (E.D. Tex. July 31, 2021). The Court has reviewed the pleadings in this case and the Report and Recommendation of the Magistrate Judge. Upon such review, the Court has determined that the Report and Recommendation of the Magistrate Judge is correct. See United States v. Wilson,

(Sth Cir. 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”). Accordingly, it is ORDERED that the Report and Recommendation of the Magistrate Judge (Docket No. 15) is ADOPTED as the opinion of the Court. It is further ORDERED that the above-captioned case is DISMISSED WITH PREJUDICE as frivolous and for failure to state a claim upon which relief may be granted. The dismissal of this lawsuit should have no effect upon Plaintiff's right to challenge his conviction through any lawful means. So ORDERED and SIGNED this 12th day of December, 2025.

[ache t+ LO Clrreche. □□□ ROBERT W. SCHROEDER III UNITED STATES DISTRICT JUDGE

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