Castleberry v. Tex. Health & Human Servs. Comm'n

Full title: LONDON CASTLEBERRY, Plaintiff, v. TEXAS HEALTH AND HUMAN SERVICES…

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

Date published: Jun 22, 2020

Case No. 6:20-CV-8-JDK-KNM (E.D. Tex. Jun. 22, 2020)

Opinion

Case No. 6:20-CV-8-JDK-KNM

06-22-2020

LONDON CASTLEBERRY, Plaintiff, v. TEXAS HEALTH AND HUMAN SERVICES COMMISSION, ET AL., Defendants.

JEREMY D. KERNODLE UNITED STATES DISTRICT JUDGE

ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

Plaintiff London Castleberry, an inmate proceeding pro se, filed the above-styled and numbered civil rights lawsuit pursuant to 42 U.S.C. § 1983. This case was referred to United States Magistrate Judge K. Nicole Mitchell pursuant to 28 U.S.C. § 636. On May 28, 2020, Judge Mitchell issued a Report and Recommendation (Docket No. 16), recommending that Defendants' Motion to Dismiss on Grounds of Mootness be granted. Id. at 6.

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 Ass'n, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc), superseded on other grounds by statute, 28 U.S.C. § 636(b)(1) (extending the time to file objections from ten to fourteen days).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 her 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. 16) as the findings of this Court.

Accordingly, it is hereby ORDERED that the Magistrate Judge's Report (Docket No. 16) be ADOPTED. It is further

ORDERED that Defendants' Motion to Dismiss on Grounds of Mootness (Docket No. 14) is GRANTED. It is further

ORDERED that Plaintiff's suit is DISMISSED WITHOUT PREJUDICE AS MOOT.

So ordered and signed on this

Jun 22, 2020

/s/_________

JEREMY D. KERNODLE

UNITED STATES DISTRICT JUDGE