Opinion
CIVIL ACTION NO. 6:17cv226
03-14-2018
WILLIAM NATHAN FARLEY v. OLIVER BELL, ET AL.
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT
The Plaintiff William Farley, proceeding pro se, filed this civil rights lawsuit under 42 U.S.C. §1983 complaining of alleged violations of his constitutional rights. This Court referred the case 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.
Farley was ordered to pay an initial partial filing fee of $7.00, in accordance with 28 U.S.C. §1915(b), or to show good cause for his failure to do so. He responded to this order by filing two more applications for leave to proceed in forma pauperis, accompanied by certified inmate trust account data sheets. These data sheets showed Farley received deposits to his inmate trust account on a regular basis and that he had ample means with which to pay the initial partial filing fee.
On December 18, 2017, the Magistrate Judge issued a Report recommending dismissal of the lawsuit without prejudice for failure to prosecute or to obey an order of the Court. A copy of this Report was sent to Farley at his last known address, return receipt requested, but was returned as undeliverable because Farley has been released from confinement. He has not notified the Court of his current mailing address and no objections to the Report have been received; accordingly, Farley 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. 14) is ADOPTED as the opinion of the District Court. It is further
ORDERED that the above-styled civil action is DISMISSED WITHOUT PREJUDICE for failure to prosecute or to obey an order of the Court. Fed. R. Civ. P. 41(b). Finally, it is
ORDERED that any and all motions which may be pending in this civil action are hereby DENIED.
So Ordered and Signed
Mar 14, 2018
/s/_________
Ron Clark, United States District Judge