Opinion
CIVIL ACTION NO. 6:15cv140
01-24-2018
JEFF GAMARSH, #623349 v. OLIVER J. BELL
MEMORANDUM OPINION ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT
Petitioner Jeff Gamarsh, a prisoner confined at the Beto Unit of the Texas prison system, proceeding pro se and in forma pauperis, brings this civil rights lawsuit pursuant to § 1983. The complaint was referred for findings of fact, conclusions of law, and recommendations for the disposition of the lawsuit.
After a review of the pleadings and record, the Magistrate Judge issued a Report recommending that Defendant's Motion for Summary Judgment be granted and Gamarsh's claims against the Defendant be dismissed. A copy of this Report was sent to Gamarsh at his address, return receipt requested, but no objections have been received to date. Accordingly, Gamarsh 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."). Accordingly it is
ORDERED that the Report of the Magistrate Judge, (Dkt. # 35), is ADOPTED as the opinion of the District Court. Further, it is
ORDERED that the above-styled civil action is DISMISSED with prejudice. Finally, it is
ORDERED that any and all motions which may be pending in this civil action are hereby DENIED.
So Ordered and Signed
Jan 24, 2018
/s/_________
Ron Clark, United States District Judge