Robeson v. Rusk State Hospital Medical Records et al, No. 6:2012cv00736 - Document 16 (E.D. Tex. 2013)
Court Description: ORDER ADOPTING REPORT AND RECOMMENDATIONS for 11 Report and Recommendations of the United States Magistrate Judge, and entering Final Judgment. ORDERED that the civil action is DISMISSED without prejudice. Signed by Judge Michael H. Schneider on 3/8/2013. (gsg)
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Robeson v. Rusk State Hospital Medical Records et al Doc. 16 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION WALTER ROBESON § v. § RUSK STATE MENTAL HOSPITAL RECORDS, ET AL. § CIVIL ACTION NO. 6:12cv736 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT The Plaintiff Walter Robeson, proceeding pro se, filed this civil rights lawsuit under 42 U.S.C. §1983 complaining of alleged violations of his constitutional rights in the Texas Department of Criminal Justice, Correctional Institutions Division. 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. The Magistrate Judge ordered Robeson to pay the statutory filing fee or to submit an application for leave to proceed in forma pauperis. The Magistrate Judge also directed that Robeson file an amended complaint setting out a short and plain statement of his claims. Robeson did not comply with these orders, nor did he respond in any way. On February 4, 2013, the Magistrate Judge issued a Report recommending that the lawsuit be dismissed without prejudice for failure to prosecute or to obey an order of the Court. A copy of this Report was sent to Robeson at his last known address, return receipt requested, but no objections have been received; accordingly, Robeson 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 proposed factual findings and legal conclusions accepted and 1 Dockets.Justia.com adopted by the district court. Douglass v. United Services Automobile Association, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc). The Court has reviewed the pleadings in this cause and the Report of the Magistrate Judge. Upon such 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, 109 S.Ct. 3243 (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 of the Magistrate Judge (docket no. 11) 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 without prejudice for failure to prosecute or to obey an order of the Court. Finally, it is ORDERED that any and all motions which may be pending in this action are hereby DENIED. It is SO ORDERED. SIGNED this 8th day of March, 2013. ____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE 2
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