Opinion
Civil Action 5:20-CV-077-C-BQ
05-27-2024
ORDER
SAM R. CUMMINGS SENIOR UNITED STATES DISTRICT JUDGE
Before the Court is the Report and Recommendation of the United States Magistrate Judge therein advising the Court that Plaintiff's claims should be dismissed with prejudice under 28 U.S.C. § 1915 for failure to state a claim. Plaintiff filed his Objections on May 15, 2024, along with his Unsworn Declaration in Support.
The Court fully considered Plaintiff's Objections to the Magistrate Judge's Report and Recommendation [ECF No. 57], filed on May 15, 2024. Thus, Plaintiffs pending Motion to Extend Time to File Objections [ECF No. 54] is denied as moot. Plaintiff s pending Motion for Docket Sheet [ECF No. 55] is likewise denied as moot.
The Court conducts a de novo review of those portions of the Magistrate Judge's report or specified proposed findings or recommendations to which a timely objection is made. 28 U.S.C. § 636(b)(1)(C). Portions of the report or proposed findings or recommendations that are not the subject of a timely objection will be accepted by the Court unless they are clearly erroneous or contrary to law. See United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989).
After due consideration and having conducted a de novo review, the Court finds that Plaintiff s objections should be OVERRULED. The Court has further conducted an independent review of the Magistrate Judge's findings and conclusions contained in the Report and Recommendation and finds no error. It is therefore ORDERED that the Report and Recommendation is hereby ADOPTED and the findings and conclusions contained therein are adopted as the findings and conclusions of the Court. For the reasons stated therein, Plaintiffs claims are DISMISSED with prejudice under 28 U.S.C. § 1915. Any and all pending motions are DENIED as moot.
SO ORDERED.