Givens v. Cerliano

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:20-cv-00150 Henry Lee Givens, Plaintiff, V. Maxey Cerliano et al., Defendants.

ORDER Plaintiff Henry Lee Givens, formerly confined within the Gregg County Jail proceeding pro se and im forma pauperis, filed this lawsuit pursuant to 42 U.S.C. § 1983. The case was referred to United States Magistrate Judge K. Nicole Mitchell. On September 14, 2022, the magistrate judge issued a report recommending that plaintiffs lawsuit be dismissed for the failure to exhaust administrative remedies. Doc. 8. A copy of this report was sent to plaintiff at his last-known address. To date, plaintiff has not filed objections. When there have been no timely objections to a magistrate judge’s report and recommendation, the court reviews it only for clear error. See Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415, 1420 (5th Cir. 1996). Having reviewed the magistrate judge’s re- port and being satisfied that it contains no clear error, the court accepts its findings and recommendation. In the interests of justice, the court will suspend the statute of limitations for a period of 60days from the date of final judgment. See Campbell »v. Wilkinson, 988 F.3d 798, 801 n.1 (Sth Cir. 2021) (explaining that “[w]here further litigation of [a] claim will be time-barred, a dismissal without prejudice is no less severe a sanc- tion than a dismissal with prejudice, and the same standard of re- view is used.”’).

Plaintiff’s lawsuit is dismissed for the failure to exhaust ad- ministrative remedies. The statute of limitations is suspended for a period of 60 days from the date of final judgment. All motions pending in this civil action are denied. So ordered by the court on November 22, 2022.

j/ CAMPBELL BARKER United States District Judge

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