Morgan v. Frinzell

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION
DEUNTAE MORGAN,
Plaintiff,
v.
JOHNNIE FRINZELL,
Defendant.
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CASE NO. 5:24-CV-00010-RWS-JBB
ORDER
Pro se Plaintiff Deuntae Morgan filed this civil rights lawsuit under 42 U.S.C. § 1983
complaining of alleged violations of his constitutional rights. The lawsuit was referred to United
States Magistrate Judge J. Boone Baxter. On November 5, 2025, the magistrate judge issued a
Report and Recommendation, recommending that Defendant’s motion for summary judgment
(Docket No. 17) be granted and that the above lawsuit be dismissed with prejudice for failure to
exhaust administrative remedies. Docket No. 19. A copy of this Report and Recommendation was
sent to Plaintiff at his last known address, but Plaintiff did not file any objections.
The Fifth Circuit has explained that where a letter is properly placed in the United States
mail, a presumption exists that the letter reached its destination in the usual time and was received
by the person to whom it was addressed. Faciane v. Sun Life Assurance Co. of Can., 931 F.3d 412,
420–21 and n.9 (5th Cir. 2019). Because no objections have been filed, Plaintiff is barred from de
novo review of the findings, conclusions, and recommendations of the magistrate judge 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, Tex., 858 F.3d
348, 352 (5th Cir. 2017).
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The Court has reviewed the pleadings and the Report and Recommendation of the
Magistrate 	Judge. 	Upon 	such 	review, 	the 	Court 	has 	determined 	that 	the 	Report 	and
Recommendation 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 	and
Recommendation are filed, the standard of review is “clearly erroneous, abuse of discretion and
contrary to law”). Accordingly, it is
ORDERED that the Report and Recommendation (Docket No. 19) is ADOPTED as the
opinion of the District Court and Defendant’s motion for summary judgment (Docket No. 17) is
GRANTED. It is further
ORDERED the above-styled case is DISMISSED WITH PREJUDICE for failure to
exhaust administrative remedies. It is further
ORDERED that all motions which may be pending in this case are DENIED.
.
____________________________________
ROBERT W. SCHROEDER III
UNITED STATES DISTRICT JUDGE
So ORDERED and SIGNED this 13th day of February, 2026.
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