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Hart v. Travelers, Inc.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION
Sep 18, 2019
CIVIL ACTION NO. 5:19-CV-00073-RWS (E.D. Tex. Sep. 18, 2019)

Opinion

CIVIL ACTION NO. 5:19-CV-00073-RWS

09-18-2019

DONELL HART, Plaintiff, v. TRAVELERS, INC., Defendant.


ORDER

The above-entitled and numbered civil action was referred to United States Magistrate Judge Caroline M. Craven pursuant to 28 U.S.C. § 636. On July 9, 2019, the Magistrate Judge issued a Report and Recommendation, recommending Plaintiff's above-entitled and numbered cause of action be dismissed without prejudice. Docket No. 5.

Plaintiff received a copy of the Magistrate Judge's Report but filed no objections thereto; accordingly, he is not entitled to de novo review by the District Judge of those findings, conclusions and recommendations, and except upon grounds of plain error, he is barred from appellate review of the unobjected-to factual findings and legal conclusions accepted and adopted by the District Court. 28 U.S.C. § 636(b)(1)(C); Douglass v. United Services Automobile Association, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc).

The Clerk of the Court forwarded a copy of the Report and Recommendation to Plaintiff, via certified mail. Plaintiff acknowledged receipt on July 18, 2019. Docket No. 6. The Court notes Plaintiff filed a separate diversity cause of action against Jeffrey Maxwell on June 28, 2019, presumably regarding the incident vaguely referenced in the above case against Travelers Inc. See No. 5:19-cv-00087-RWS-CMC. --------

Nonetheless, the Court has reviewed the pleadings in this cause and the Report of the Magistrate Judge and agrees with the Report of the Magistrate Judge that Plaintiff's case should be dismissed without prejudice for lack of jurisdiction. See United States v. Raddatz, 447 U.S. 667, 683 (1980) ("[T]he statute permits the district court to give to the magistrate's proposed findings of fact and recommendations 'such weight as [their] merit commands and the sound discretion of the judge warrants, . . .' ") (quoting Mathews v. Weber, 23 U.S. 261, 275 (1976)). Court hereby adopts the Report of the United States Magistrate Judge as the findings and conclusions of this Court. Accordingly, it is hereby

ORDERED that Plaintiff's above-entitled and numbered cause of action is DISMISSED WITHOUT PREJUDICE.

So ORDERED and SIGNED this 18th day of September, 2019.

/s/_________

ROBERT W. SCHROEDER III

UNITED STATES DISTRICT JUDGE


Summaries of

Hart v. Travelers, Inc.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION
Sep 18, 2019
CIVIL ACTION NO. 5:19-CV-00073-RWS (E.D. Tex. Sep. 18, 2019)
Case details for

Hart v. Travelers, Inc.

Case Details

Full title:DONELL HART, Plaintiff, v. TRAVELERS, INC., Defendant.

Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION

Date published: Sep 18, 2019

Citations

CIVIL ACTION NO. 5:19-CV-00073-RWS (E.D. Tex. Sep. 18, 2019)