Aaron Gregory Lucas v. Director TDCJ-CID, et al.

Summary

The United States District Court for the Eastern District of Texas adopted a magistrate judge’s Report and Recommendation and dismissed Aaron Gregory Lucas’s 42 U.S.C. § 1983 action without prejudice. The dismissal was based on Plaintiff’s failure to pay the ordered initial partial filing fee or show good cause and failure to prosecute or obey a court order.

Holdings

1. The court adopted the magistrate judge's Report and Recommendation and dismissed the action without prejudice for Plaintiff's failure to prosecute and failure to obey the order requiring payment of the initial partial filing fee or a showing of good cause.
2. When no objections are filed to a magistrate judge's Report and Recommendation, the district court applies review for clear error, abuse of discretion, and whether the recommendation is contrary to law.
3. Because Plaintiff filed no objections, he was barred from de novo review and, except for plain error, from appellate review of the unobjected-to factual findings and legal conclusions adopted by the district court.

Questions Presented

1. Whether the action should be dismissed without prejudice for failure to prosecute and failure to obey the court's order requiring payment of an initial partial filing fee or a showing of good cause.
2. What standard of review applies when no objections are filed to a magistrate judge's Report and Recommendation.

Disposition

dismissed