Opinion
CIVIL ACTION NO. 5:19-cv-00326-TES-MSH
10-16-2020
MICHAEL A. COX, Plaintiff, v. ADRIAN NELSON, et al., Defendants.
ORDER ADOPTING THE UNITED STATES MAGISTRATE JUDGE'S RECOMMENDATION
In his Recommendation [Doc. 35], the United States Magistrate Judge recommends that Plaintiff's Complaint [Doc. 1] be dismissed without prejudice and Defendants' Motion for Summary Judgment [Doc. 30] be terminated as moot because Plaintiff routinely failed to obey simple court orders. No objections have been filed to the Magistrate Judge's Recommendation; therefore, the Court reviews his findings for clear error. 28 U.S.C. § 636(b)(1)(A). After careful review, the Court, finding no clear error, ADOPTS the Recommendation [Doc. 35] and MAKES IT THE ORDER OF THE COURT. Accordingly, Plaintiff's Complaint [Doc. 1] is DISMISSED without prejudice and the Court terminates as moot Defendants' Motion for Summary Judgment [Doc. 30] and Plaintiff's Motion to Appoint Counsel [Doc. 36].
The Court notes that on October 15, 2020, Plaintiff filed a third Motion to Appoint Counsel [Doc. 36]. However, in his Motion, Plaintiff fails to make any mention of the magistrate judge's Recommendation [Doc. 35] that would lead the Court to conclude his Motion could possibly constitute an objection. --------
SO ORDERED, this 16th day of October, 2020.
S/Tilman E. Self, III
TILMAN E. SELF, III, JUDGE
UNITED STATES DISTRICT COURT