-JDL Hoskins v. Gray et al, No. 6:2010cv00596 - Document 7 (E.D. Tex. 2011)

Court Description: ORDER ADOPTING REPORT AND RECOMMENDATIONS for 5 Report and Recommendations, and ENTERING FINAL JUDGMENT. ORDERED that the civil action be and hereby is DISMISSED with prejudice for purposes of proceeding in forma pauperis, for failure to exhaust administrative remedies. Signed by Judge Michael H. Schneider on 2/9/2011. (gsg)

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-JDL Hoskins v. Gray et al Doc. 7 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION DEMETRIUS HOSKINS § v. § DR. JAMES GRAY, ET AL. § CIVIL ACTION NO. 6:10cv596 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT The Plaintiff Demetrius Hoskins, proceeding pro se, filed this civil rights lawsuit under 42 U.S.C. §1983 complaining of alleged violations of his constitutional rights. This Court ordered that the case be referred to the United States Magistrate Judge pursuant to 28 U.S.C. §636(b)(1) and (3) and the Amended Order for the Adoption of Local Rules for the Assignment of Duties to United States Magistrate Judges. In his complaint, Hoskins affirmatively stated that he has not exhausted his administrative remedies. After review of the pleadings, the Magistrate Judge issued a Report recommending that the lawsuit with prejudice for purposes of proceeding in forma pauperis, for failure to exhaust administrative remedies. A copy of this Report was sent to Hoskins at his last known address, return receipt requested, but no objections have been received; accordingly, Hoskins 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. Douglass v. United Services Automobile Association, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc). The Court has carefully reviewed the pleadings and documents in this case, as well as the Report of the Magistrate Judge. Upon such review, the Court has concluded that the Report of the Magistrate Judge is correct. It is accordingly 1 Dockets.Justia.com ORDERED that the Report of the Magistrate Judge is hereby ADOPTED as the opinion of . the District Court. It is further ORDERED that the above-styled civil action be and hereby is DISMISSED with prejudice for purposes of proceeding in forma pauperis, for failure to exhaust administrative remedies. It is further ORDERED that any and all motions which may be pending in this action are hereby DENIED. SIGNED this 9th day of February, 2011. ____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE 2

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