Woodards v. State of Texas

N.D. Texas

Woodards v. State of Texas

DecidedJune 7, 2021

Docket1:19-cv-00243

StatusUnknown

This text of Woodards v. State of Texas (Woodards v. State of Texas) is published on Counsel Stack Legal Research, covering District Court, N.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Woodards v. State of Texas, (N.D. Tex. 2021).

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS ABILENE DIVISION TRE VON A. WOODARDS, Plaintiff, v. No. 1:19-CV-243-H-BU STATE OF TEXAS, et al., Defendants. ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE United States Magistrate John R. Parker made Findings, Conclusions, and a Recommendation (FCR) in this case on February 19, 2021. See Dkt. No. 18, Judge Parker recommended that the Court dismiss the case without prejudice for want of prosecution. No objections to the FCR were filed. The District Court has therefore reviewed the proposed FCR for plain error. US. ex rel. Steury v. Cardinal Health, Inc., 735 F.3d 202, 205 (Sth Cir, 2013) (“[P]lain error review applies when a party did not object to a magistrate judge’s findings of fact, conclusions of law, or recommendation to the district court, so long as the party was served with notice of the consequences of failing to object.”) (citing Douglass v. United Servs, Auto. Ass’n, 79 F.3d 1415, 1428 (Sth Cir. 1996) (en banc), superseded on other grounds by 28 U.S.C. § 636(b)(1)). Finding no error, plain or otherwise, the Court accepts the FCR of the United States Magistrate Judge. The plaintiffs claims against the defendants are dismissed without prejudice. The Court will enter a judgment in accordance with Federal Rule of Civil Procedure 58 in a separate document.

So ordered on June 7, 2021.

JAMES WESLEY HENDRIX D STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS ABILENE DIVISION TRE VON A. WOODARDS, Plaintiff, v. No. 1:19-CV-243-H-BU STATE OF TEXAS, et al., Defendants. ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE United States Magistrate John R. Parker made Findings, Conclusions, and a Recommendation (FCR) in this case on February 19, 2021. See Dkt. No. 18, Judge Parker recommended that the Court dismiss the case without prejudice for want of prosecution. No objections to the FCR were filed. The District Court has therefore reviewed the proposed FCR for plain error. US. ex rel. Steury v. Cardinal Health, Inc., 735 F.3d 202, 205 (Sth Cir, 2013) (“[P]lain error review applies when a party did not object to a magistrate judge’s findings of fact, conclusions of law, or recommendation to the district court, so long as the party was served with notice of the consequences of failing to object.”) (citing Douglass v. United Servs, Auto. Ass’n, 79 F.3d 1415, 1428 (Sth Cir. 1996) (en banc), superseded on other grounds by 28 U.S.C. § 636(b)(1)). Finding no error, plain or otherwise, the Court accepts the FCR of the United States Magistrate Judge. The plaintiffs claims against the defendants are dismissed without prejudice. The Court will enter a judgment in accordance with Federal Rule of Civil Procedure 58 in a separate document.

So ordered on June 7, 2021.

JAMES WESLEY HENDRIX D STATES DISTRICT JUDGE

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Woodards v. State of Texas, Counsel Stack Legal Research, https://law.counselstack.com/opinion/woodards-v-state-of-texas-txnd-2021.

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