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IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF TEXAS 

TEXARKANA DIVISION

§ 

GARY SMITH § 

§ 

Plaintiff § 

§ 

v. § Case No. 5:24cv4-RWS-JBB 

§ 

BRIAN COLLIER, ET AL. § 

§ 

Defendants § 

§ 

ORDER 

Plaintiff Gary Smith, an inmate proceeding pro se, filed this civil rights lawsuit under 

42 U.S.C. §1983 complaining of alleged deprivations of his constitutional rights. See Docket No. 1. 

The lawsuit wasreferred to the United States Magistrate Judge. 

On February 14, 2024, the Court ordered Plaintiff to either (1) pay the statutory $405.00 

filing fee or (2) furnish a properly certified in forma pauperis data sheet or inmate account summary 

sheet, which may be obtained from an authorized officer in the law library at the institution 

where he is confined. Docket No. 4. That same day, the Court also ordered Plaintiff to file, 

within 30 days from the date of receipt of the order, a short and plain statement setting forth the 

Plaintiff’s claims, on a standard §1983 lawsuit form and written in a legible manner and no more 

than 30 pages in length. Docket No. 3. Plaintiff was advised in both orders that failure to 

comply might lead to a recommendation of dismissal for failure to prosecute or to obey an order of 

the Court. Plaintiff failed to comply with the orders.

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Therefore, on July 22, 2024, the Magistrate Judge issued a Report and Recommendation, 

recommending that the above lawsuit be dismissed without prejudice for failure to prosecute or to 

obey an order of the Court. Docket No. 9. Plaintiff received a copy of thisReport on August 13, 2024, 

1 Plaintiff acknowledged receipt of the orders on March 19, 2024 and April 9, 2024. Docket Nos. 7, 8.

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but has filed no objections. Docket No. 10. Accordingly, he 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 cause and the Report and Recommendation of

the Magistrate Judge. Upon such review, the Court has determined that the Report of the Magistrate

Judge is correct. See United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir.), 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”). It is accordingly 

ORDERED that the Report and Recommendation of the Magistrate Judge (Docket No. 9) 

is ADOPTED as the opinion of the District Court. It is further 

ORDERED that the above-styled civil action is DISMISSED WITHOUT PREJUDICE

for failure to prosecute or to obey an order of the Court. 

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____________________________________

ROBERT W. SCHROEDER III

UNITED STATES DISTRICT JUDGE

So ORDERED and SIGNED this 18th day of September, 2024.

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