Millage v. Hawkins et al, No. 6:2011cv00248 - Document 49 (E.D. Tex. 2013)

Court Description: MEMORANDUM OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATIONS for 48 Report and Recommendations. This case is dismissed without prejudice for failure to prosecute. Any and all motions which may be pending in this action are denied. Signed by Judge Michael H. Schneider on 2/5/13. (mjc, )
Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION RICHARD MILLAGE § v. § DEROYCE HAWKINS, ET AL. § CIVIL ACTION NO. 6:11cv248 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT The Plaintiff Richard Millage, 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. Millage was released from prison while the lawsuit was on-going, and the Magistrate Judge issued a revised collection order for the balance of the unpaid filing fee. The Magistrate Judge also issued a Report recommending that the Defendants motion for summary judgment be granted in part and denied in part. Copies of these documents were sent to Millage at his last known address, but were returned with the notation not deliverable as addressed - unable to forward. The documents were re-mailed by the Clerk, but were again returned, bearing the notation moved, left no forwarding address. The order granting in forma pauperis status (docket no. 4) placed Millage on notice that the Plaintiff shall notify the Court of any changes of address by filing a written notice of change of address with the Clerk. Failure to file such notice may result in the case being dismissed for want of prosecution. 1 After review of the record, the Magistrate Judge issued a Report recommending that the lawsuit be dismissed without prejudice for failure to prosecute. A copy of this Report was sent to Millage at his last known address, return receipt requested, but no objections have been received; 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). 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. 48) 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. 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 5th day of February, 2013. ____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE 2