Opinion
5:24cv12-JRG-JBB
11-08-2024
JUSTIN YEAGER Plaintiff v. BOWIE COUNTY, TEXAS Defendant
ORDER OF DISMISSAL
RODNEY GILSTRAP UNITED STATES DISTRICT JUDGE.
Plaintiff Justin Yeager, a former inmate of the Bowie County Correctional Center proceeding pro se, filed this civil rights lawsuit under 42 U.S.C. § 1983 complaining of alleged deprivations of his constitutional rights. The lawsuit was referred to the United States Magistrate Judge.
On October 1, 2024, the Magistrate Judge issued a Substituted Report and Recommendation, recommending that the above lawsuit be dismissed with prejudice as frivolous. Docket No. 12. Plaintiff received a copy of this Report on October 7, 2024, but has filed no objections to date. Docket No. 14. 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 factual findings and legal conclusions accepted and adopted by the District Court. Duarte v. City of Lewisville, Texas, 858 F.3d 348, 352 (5th Cir. 2017).
The Court has reviewed the pleadings in this cause and the Report and Recommendation 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 (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 Substituted Report and Recommendation of the Magistrate Judge (Docket No. 12) is ADOPTED as the opinion of the District Court. It is further
ORDERED that the above-styled civil action is DISMISSED with prejudice as frivolous. It is further
ORDERED that any and all motions which may be pending in this civil action are hereby DENIED.
So ORDERED and SIGNED.