Opinion
CIVIL ACTION NO. 5:17cv115
08-27-2019
WORRIS HARDWICK v. KRAIG REYNOLDS, ET AL.
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT
The Plaintiff Woris Hardwick, 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.
The Magistrate Judge ordered Plaintiff to pay an initial partial filing fee of $2.80 in accordance with 28 U.S.C. §1915(b). Hardwick received a copy of this Order but did not comply. The Magistrate Judge thereupon issued a Report recommending dismissal of the lawsuit without prejudice, with the statute of limitations suspended for 90 days. Hardwick received a copy of this Report on April 12, 2019, but filed no objections thereto; accordingly, he 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 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 the Report of the Magistrate Judge (docket no. 6) is ADOPTED as the opinion of the District Court. It is further
ORDERED the above-styled civil action is DISMISSED without prejudice for failure to prosecute. It is further
ORDERED the statute of limitations is SUSPENDED for a period of 90 days following the date of entry of final judgment in this case. Finally, it is
ORDERED that any and all motions which may be pending in this civil action are hereby DENIED.
So ORDERED and SIGNED this 27th day of August, 2019.
/s/_________
RODNEY GILSTRAP
UNITED STATES DISTRICT JUDGE