-JKG Roney v. Sgt Flowers et al, No. 6:2011cv00498 - Document 8 (E.D. Tex. 2012)

Court Description: MEMORANDUM ADOPTING 6 Report and Recommendations of the US Magistrate Judge and Entering Final Judgment. It is ORDERED that this civil action is DISMISSED without prejudice for failure to prosecute or to obey an order of the Court. All motions pending in this action are DENIED. Signed by Judge Michael H. Schneider on 1/3/12. (leh, )
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-JKG Roney v. Sgt Flowers et al Doc. 8 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION ANTHONY SHANTE RONEY § v. § SGT. FLOWERS, ET AL. § CIVIL ACTION NO. 6:11cv498 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT The Plaintiff Anthony Roney, 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 Roney to pay the filing fee of $350.00 or submit an inmate trust account data sheet certified by an authorized official of the prison, but Roney did not comply with this order. The Magistrate Judge thereupon issued a Report recommending that the lawsuit be dismissed for failure to prosecute or to obey an order of the Court. Roney received a copy of this Report on December 1, 2011, 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). 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 (docket no. 6) 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. It is further ORDERED that any and all motions which may be pending in this action are hereby DENIED. It is SO ORDERED. SIGNED this 3rd day of January, 2012. ____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE 2