Sanders v. Pace

Full title: DANIEL SANDERS, Plaintiff, v. PAM PACE, ET AL., Defendants.

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

Date published: Apr 8, 2020

Case No. 6:19-CV-528-JDK-JDL (E.D. Tex. Apr. 8, 2020)

Opinion

Case No. 6:19-CV-528-JDK-JDL

04-08-2020

DANIEL SANDERS, Plaintiff, v. PAM PACE, ET AL., Defendants.

JEREMY D. KERNODLE UNITED STATES DISTRICT JUDGE

ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

Plaintiff Daniel Sanders, an inmate proceeding pro se, filed this civil rights lawsuit pursuant to 42 U.S.C. § 1983. The case was referred to United States Magistrate Judge John D. Love under 28 U.S.C. § 636. On March 3, 2020, Judge Love issued a Report and Recommendation (Docket No. 23), recommending that Plaintiff's claims against Defendant Warden Catoe be dismissed. Id. at 10. A return receipt indicating delivery to Plaintiff was received by the Clerk on March 23, 2020. Docket No. 28.

This Court reviews the findings and conclusions of the Magistrate Judge de novo only if a party objects within fourteen days of service of the Report and Recommendation. 28 U.S.C. § 636(b)(1). In conducting a de novo review, the Court examines the entire record and makes an independent assessment under the law. Douglass v. United Servs. Auto. Ass'n, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc), superseded on other grounds by statute, 28 U.S.C. § 636(b)(1) (extending the time to file objections from ten to fourteen days). Here, Plaintiff did not file objections in the prescribed period. The Court therefore reviews the Magistrate Judge's findings for clear error or abuse of discretion and reviews his legal conclusions to determine whether they are contrary to law. See United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989), cert. denied, 492 U.S. 918 (1989) (holding that, if no objections to a Magistrate Judge's Report are filed, the standard of review is "clearly erroneous, abuse of discretion and contrary to law").

Having reviewed the Magistrate Judge's Report and Recommendation, the Court adopts the Report and Recommendation of the United States Magistrate Judge (Docket No. 23) as the findings of this Court.

Accordingly, it is hereby ORDERED that the Magistrate Judge's Report (Docket No. 23) be ADOPTED. It is further

ORDERED that the claims against Defendant Warden Catoe are DISMISSED WITHOUT PREJUDICE. Warden Catoe is DISMISSED as a party to the lawsuit. This dismissal shall have no effect upon the remaining claims and parties in the lawsuit.

So ORDERED and SIGNED this 8th day of April, 2020.

/s/_________

JEREMY D. KERNODLE

UNITED STATES DISTRICT JUDGE