Opinion
CIVIL ACTION NO. 6:12cv898
07-15-2013
TIMOTHY KRETZER v. SHERIFF BILL WANSLEY, ET AL.
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
The Plaintiff Timothy Kretzer, 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.
On May 21, 2013, two Reports issued by the Magistrate Judge were sent to Kretzer at his last known address, but were returned as undeliverable, with the notation that Kretzer had been released from confinement on May 4, 2013. Kretzer has not notified the Court of his current address, and so on June 6, 2013, the Magistrate Judge entered a Report recommending that the lawsuit be dismissed without prejudice for failure to prosecute.
A copy of this Report was sent to Kretzer at his last known address, return receipt requested, but no objections have been received; 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 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."). It is accordingly
ORDERED that the Report of the Magistrate Judge (docket no. 20) 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. Finally, it is
ORDERED that any and all motions which may be pending in this action are hereby DENIED.
______________
LEONARD DAVIS
UNITED STATES DISTRICT JUDGE