Opinion
Case No. 6:19-CV-316-JDK-JDL
08-27-2019
DESMOND EDWARDS, Plaintiff, v. ELISSA HUGMAN, and ALFONSO CHARLES, Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Plaintiff Desmond Edwards, an inmate confined in Gregg County Jail, 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 John D. Love pursuant to 28 U.S.C. § 636. On July 29, 2019, the Magistrate Judge issued a Report and Recommendation (Docket No. 7), recommending that the action be dismissed as frivolous and for failure to state a claim under 28 U.S.C. § 1915A(b). A return receipt indicating delivery to Plaintiff was received by the Clerk on August 5, 2019 (Docket No.10).
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 Ass'n, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc), superseded on other grounds by statute, 28 U.S.C. § 636(b)(1) (extending the time to file objections from ten to fourteen days).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. 7) as the findings of this Court.
Accordingly, it is hereby ORDERED that the Magistrate Judge's Report (Docket No. 7) be ADOPTED. It is further
ORDERED that the Complaint is DISMISSED WITH PREJUDICE as frivolous and for failure to state a claim under 28 U.S.C. §1915A(b) for purposes of in forma pauperis proceedings. The dismissal of this lawsuit is without prejudice to Plaintiff's right to contest the criminal charges against him at trial and on appeal, and without prejudice to Plaintiff's right to seek habeas corpus relief at the appropriate time in state or federal court. All pending motions not previously ruled on are DENIED.
So ORDERED and SIGNED this 27th day of August, 2019.
/s/_________
JEREMY D. KERNODLE
UNITED STATES DISTRICT JUDGE