Fields v. McKee, No. 6:2014cv00828 - Document 10 (E.D. Tex. 2015)

Court Description: MEMORANDUM AND OPINION and ORDER ADOPTING 8 Report and Recommendations of the United States Magistrate Judge. ORDERED that the civil action be and hereby is DISMISSED WITHOUT PREJUDICE for failure to prosecute or to obey an order of the Court. Signed by Judge Michael H. Schneider on 2/12/2015. (gsg)
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Fields v. McKee Doc. 10 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION WESLEY FIELDS § v. § SCOTT McKEE § CIVIL ACTION NO. 6:14cv828 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT The Plaintiff Wesley Fields, proceeding pro se, filed this civil rights lawsuit under 42 U.S.C. §1983 complaining of alleged violations 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. The magistrate judge ordered Fields to file an amended complaint and to pay the filing fee or seek leave to proceed in forma pauperis in a proper manner. When Fields did not comply with these orders, 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 Fields at his last known address, return receipt requested, but no objections have been received; accordingly, Fields 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 1 Dockets.Justia.com (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. 8) 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. SIGNED this 12th day of February, 2015. ____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE 2