Belyeu v. Cherokee County Sheriff's Office et al, No. 6:2013cv00928 - Document 13 (E.D. Tex. 2014)

Court Description: MEMORANDUM ADOPTING REPORT AND RECOMMENDATIONS for 11 Report and Recommendations of the United States Magistrate Judge, and ENTERING FINAL JUDGMENT. ORDERED that the motions for voluntary dismissal (docket no.s 9 and 10) are hereby GRANTED and the civil action is DISMISSED WITHOUT PREJUDICE. Signed by Judge Michael H. Schneider on 3/18/2014. (gsg)

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Belyeu v. Cherokee County Sheriff's Office et al Doc. 13 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION PAUL BELYEU § v. § CHEROKEE COUNTY SHERIFF’S OFFICE, ET AL. § CIVIL ACTION NO. 6:13cv928 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT The Plaintiff Paul Belyeu, 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. On February 4, 2014, Belyeu filed a motion asking that his lawsuit be dismissed. His wife Jerika Belyeu, listed on the docket as a movant, also filed a motion asking that the case be dismissed. On February 18, 2014, the Magistrate Judge issued a Report recommending that the motion to dismiss be granted and that the lawsuit be dismissed without prejudice. No objections have been filed to the Report; accordingly, the parties are 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 concluded that the Report of the Magistrate Judge is correct. See 1 Dockets.Justia.com 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. 11) is ADOPTED as the . opinion of the District Court. It is further ORDERED that the motions for voluntary dismissal (docket no.’s 9 and 10) are hereby GRANTED and the above-styled civil action is DISMISSED WITHOUT PREJUDICE. 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 18th day of March, 2014. ____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE 2

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