CIVIL ACTION NO. 6:17-CV-00180-RC
ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
The above entitled and numbered civil action was referred to United States Magistrate Judge John D. Love pursuant to 28 U.S.C. § 636. On June 6, 2019, the Magistrate Judge issued a Report and Recommendation (Doc. No. 20), recommending that Plaintiff's claims be dismissed with prejudice to their being asserted again until the Heck conditions are met. Plaintiff acknowledged receipt of this Report and Recommendation on June 18, 2019. (Doc. No. 21.) No objections to the Report and Recommendation has been presented for consideration within the prescribed time period for such objections. Therefore, Plaintiff is barred from de novo review by the District Judge of those findings, conclusions, and recommendations, except upon grounds of plain error. Douglass v. United States Auto. Ass'n, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc), superseded by statute on other grounds, 28 U.S.C. § 636(b)(1) (extending the time to file objections from ten to fourteen days).
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 and Recommendation of the Magistrate Judge is correct. United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989) (noting 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"). Accordingly, it is
ORDERED that the Magistrate Judge's Report (Doc. No. 20) be ADOPTED and that that Plaintiff's claims be DISMISSED WITH PREJUDICE until the Heck conditions are satisfied. Additionally, it is
ORDERED that any pending motions are DENIED as MOOT.
So ORDERED and SIGNED July 19, 2019.
Ron Clark, Senior District Judge