IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF TEXAS 

TEXARKANA DIVISION

§

MICHAEL DAHN WEBB §

§

Plaintiff, §

§

v. § Case No. 5:23-cv-80-RWS-JBB

§

CAR-MART and BUBBA GREEN’S § 

TOWING COMPANY §

§

Defendants. §

ORDER

Before the Court is Plaintiff Michael Dahn Webb’s complaint. Docket No. 1. Plaintiff, a 

prisoner confined at Bowie County Correctional Center, filed this civil action against Car-Mart and 

Bubba Green’s Towing Company (collectively, “Defendants”). Id. The case was referred to United

States Magistrate Judge Boone Baxter in accordance with 28 U.S.C. § 636. The Magistrate Judge 

issued a Report recommending dismissal of the lawsuit without prejudice for lack of subject matter 

jurisdiction and for failure to obey an order of the Court. Docket No. 8.

On August 23, 2023, the Magistrate Judge ordered Plaintiff to (1) timely file an amended 

complaint that establishes federal question jurisdiction or diversity jurisdiction, or both; and (2) either 

pay the $402.00 filing fee or file a proper motion to proceed in forma pauperis with an attached 

verified certificate of inmate trust account. Docket No. 2. The Magistrate Judge advised Plaintiff that 

failure to timely comply with the Court’s order would result in a recommendation that Plaintiff’s 

complaint be dismissed. Id. at 7–8. Although Plaintiff filed a motion to proceed in forma pauperis as 

ordered (Docket No. 6),

1 Plaintiff has not filed an amended complaint as ordered.

On September 27, 2023, the Magistrate Judge issued a Report recommending dismissal of the

1 Plaintiff also filed a Motion to Appoint Counsel (Docket No. 5) and Motion to Transfer Case to the

Western District of Arkansas (Docket No. 4). 

Case 5:23-cv-00080-RWS-JBB Document 9 Filed 11/01/23 Page 1 of 2 PageID #: 42
Page 2 of 2

lawsuit without prejudice for lack of subject matter jurisdiction and for failure to obey an order of 

the Court. Docket No. 8. A copy of the Report was sent to Plaintiff at his last known address at the 

Walker-Sayle Unit in Breckenridge, Texas. See Docket No. 7. No objections have been filed to date.

Because no objections have been filed, Plaintiff is barred from de novo review by the District 

Judge of those findings, conclusions, and recommendations and, except upon grounds of plain error, 

from appellate review of the unobjected-to factual findings and legal conclusions accepted and 

adopted by the District Court. Duarte v. City of Lewisville, Texas, 858 F.3d 348, 352 (5th Cir. 2017).

The Court has reviewed the pleadings in this case and the Report of the Magistrate Judge. 

Upon such review, the Court has determined the Report of the Magistrate Judge is correct. See 

United States v. Wilson, 864 F.2d 1219, 1221 (5thCir. 1989), cert. denied, 492 U.S. 918 (1989) (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 Report of the Magistrate Judge (Docket No. 8) is ADOPTED as the 

opinion of the District Court. It is further

ORDERED that the above-captioned action is DISMISSED WITHOUT PREJUDICE for 

lack of subject matter jurisdiction and failure to obey an order of the Court. It is further

ORDERED that any pending motions in the above-captioned case are DENIED-ASMOOT. 

.

 

____________________________________

ROBERT W. SCHROEDER III

UNITED STATES DISTRICT JUDGE

So ORDERED and SIGNED this 1st day of November, 2023.

Case 5:23-cv-00080-RWS-JBB Document 9 Filed 11/01/23 Page 2 of 2 PageID #: 43