Opinion
Civil Action 5:22-CV-130-C-BQ
07-19-2023
DELBERT GLENN ROGERS, Plaintiff, v. MARSHA McLANE, el al., Defendants.
ORDER
SAM R. CUMMINGS, SENIOR UNITED STATES DISTRICT JUDGE
Before the Court are the Findings, Conclusions, and Recommendation of the United Stales Magistrate Judge (filed June 30. 2023) therein advising the Court that it should: (1) strike Plaintiffs second motion for summary judgment (ECF No. 38); (2) deny as futile Plaintiffs motion to amend (ECF No. 37); and (3) dismiss Plaintiff s claims with prejudice in accordance with 28 U.S.C. § 1915(e)(2)(B).
Plaintiff failed to timely file any objections to the Magistrate Judge's Report and Recommendation, which were due within 14 days from the filing of the Report and Recommendation.
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).
The Court has conducted an independent review of the Magistrate Judge's findings and conclusions and finds no error. It is therefore ORDERED that the Findings, Conclusions, and Recommendation are hereby ADOPTED as the findings and conclusions of the Court. For the reasons stated therein: (1) Plaintiffs second motion for summary judgment (ECF No. 38) is DENIED: (2) Plaintiff s motion to amend (ECF No. 37) is DENIED as futile; and (3) Plaintiffs claims are DISMISSED with prejudice pursuant to 28 U.S.C. § 1915.
SO ORDERED.