Grant v. Bilal et al, No. 9:2008cv00102 - Document 14 (E.D. Tex. 2009)
Court Description: MEMORANDUM AND OPINION that the report of the Magistrate Judge is hereby adopted as the opinion of the District Court. The above styled civil action be and hereby is dismissed without prejudice for failure to prosecute or to obey an order of the Court. Any and all motions which may be pending in this action are hereby denied. Signed by Judge Ron Clark on 1/23/09. (djh, )
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION TERRANCE GRANT § v. § PATRICE BILAL, ET AL. § CIVIL ACTION NO. 9:08cv102 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT The Plaintiff Terrance Grant, proceeding pro se, filed this civil action 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. On August 19, 2008, Grant was ordered to pay an initial partial filing fee of $7.66, pursuant to 28 U.S.C. §1915(b). He sought and received an extension to October 27, 2008, but to date has not complied, nor has he responded in any way. On November 25, 2008, 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. Grant received a copy of this Report on November 26, 2008, but filed no objections thereto; accordingly, he 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 unobjectedto 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 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 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. So ORDERED and SIGNED this 23 day of January, 2009. ___________________________________ Ron Clark, United States District Judge 2
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