McLean v. Graham, No. 9:2009cv00082 - Document 13 (E.D. Tex. 2009)

Court Description: ORDER ADOPTING 11 REPORT AND RECOMMENDATIONS AND ENTERING FINAL JUDGMENT. Any and all motions which may be pending in this action are hereby denied. Signed by Judge Ron Clark on 12/28/09. (ljw, )

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McLean v. Graham Doc. 13 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION RANDELL McLEAN § v. § ARRON GRAHAM § CIVIL ACTION NO. 9:09cv82 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT The Plaintiff Randell McLean, Barnes, proceeding pro se, filed this civil rights lawsuit under 42 U.S.C. §1983 complaining of alleged denials 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. McLean was ordered to pay an initial partial filing fee of $15.61, but failed to do so. His TDCJ trust account showed that he had sufficient funds to satisfy this requirement. On October 7, 2009, the Magistrate Judge issued a Report recommending that McLean’s lawsuit be dismissed without prejudice for failure to prosecute or to obey an order of the Court. McLean received a copy of this Report on October 8, 2009, 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 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 reviewed the pleadings in this cause and the Report of the Magistrate Judge. Upon such review, the Court has determined that the Magistrate Judge's Report is correct. It is accordingly 1 Dockets.Justia.com ORDERED that the Report of the Magistrate Judge is ADOPTED as the opinion of the District Court. It is further ORDERED that the above-styled civil rights lawsuit be and hereby is DISMISSED without prejudice for failure to prosecute or to obey an order of the Court. It is further ORDERED that any and all motions which may be pending in this action are hereby DENIED. So ORDERED and SIGNED this 28 day of December, 2009. ___________________________________ Ron Clark, United States District Judge 2

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