-JKG Lewis v. Director TDCJ-CIO et al, No. 6:2010cv00118 - Document 13 (E.D. Tex. 2010)

Court Description: MEMORANDUM ADOPTING REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT for 11 Report and Recommendations. ORDERED that the civil action 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 civil action are hereby DENIED. Signed by Judge Michael H. Schneider on 8/16/2010. (gsg)

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-JKG Lewis v. Director TDCJ-CIO et al Doc. 13 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION HENRY MICHAEL LEWIS § v. § DIRECTOR, TDCJ-CID, ET AL. § CIVIL ACTION NO. 6:10cv118 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT The Plaintiff Henry Lewis, proceeding pro se, filed this civil rights lawsuit under 42 U.S.C. §1983 complaining of alleged deprivations of his constitutional rights. This Court ordered that the matter 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 April 12, 2010, the Magistrate Judge ordered Lewis to pay the filing fee of $350.00 or to furnish an application for leave to proceed in forma pauperis which was accompanied by a certified inmate account data sheet, as required by 28 U.S.C. §1915(b). Lewis received a copy of this order on April 15, 2010, but has not complied, nor has he responded in any way. On June 27, 2010, the Magistrate Judge issued a Report recommending that the case be dismissed without prejudice for failure to prosecute or to obey an order of the Court. Lewis received a copy of this Report on June 30, 2010, 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 proposed 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). 1 Dockets.Justia.com The Court has reviewed the pleadings in this cause and 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 . 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 action 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 civil action are hereby DENIED. SIGNED this 16th day of August, 2010. ____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE 2

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