Johnson v. Ash et al

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION
RODNEY JOHNSON,
Plaintiff,
v.
JERRY ASH, et al.,
Defendants.
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CIVIL ACTION NO. 5:25-CV-118-RWS-JBB
ORDER
Plaintiff Rodney Johnson, an inmate proceeding pro se, filed this civil rights lawsuit under
42 U.S.C. § 1983 complaining of alleged deprivations of his constitutional rights. The case was
referred to United States Magistrate Judge Boone Baxter in accordance with 28 U.S.C. § 636.
On October 28, 2025, the Magistrate Judge issued a Report and Recommendation,
recommending that the above lawsuit be dismissed without prejudice for failure to obey an order
of the Court. Docket No. 6. Because Plaintiff filed a notice of change of address, the Clerk of the
Court remailed the October 28 Report and Recommendation to Plaintiff at his new address on
December 1, 2025. Plaintiff received a copy of this Report on December 8, 2025, but has filed no
objections to date. Docket No. 7.
Because no objections have been received, Plaintiff is barred from de novo review by the
District Judge of the Magistrate Judge’s proposed findings, conclusions and
recommendations. Moreover, except upon grounds of plain error, an aggrieved party is barred from
appellate review of the unobjected-to factual findings and legal conclusions accepted and adopted
by the District Court. See Duarte v. City of Lewisville, Texas, 858 F.3d 348, 352 (5th Cir. 2017);
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Arriaga v. Laxminarayan, Case No. 4:21-CV-00203-RAS, 2021 WL 3287683, at *1 (E.D. Tex.
July 31, 2021).
The Court has reviewed the pleadings in the above-captioned case 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”).
Accordingly, it is
ORDERED that the Report and Recommendation of the Magistrate Judge (Docket No. 6)
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 obey an order of the Court.
.
____________________________________
ROBERT W. SCHROEDER III
UNITED STATES DISTRICT JUDGE
So ORDERED and SIGNED this 29th day of January, 2026.
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