The opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TEXAS
No. 6:21-cv-00432
Vernard Brown, Jr.,
Plaintiff,
V.
Lonnie E. Townsend et al.,
Defendants.
ORDER
Plaintiff Vernard Brown, Jr., a prisoner confined within the
Texas Department of Criminal Justice proceeding pro se, filed
this civil-rights lawsuit pursuant to 42 U.S.C. § 1983. The case
was referred to United States Magistrate Judge K. Nicole
Mitchell.
On January 17, 2025, the magistrate judge issued a report
recommending that defendants’ motion to dismiss (Doc. 34)—to
which plaintiff did not respond—be granted and that plaintiff’s
lawsuit be dismissed with prejudice for failure to state a claim
upon which relief may be granted. Doc. 39.
Plaintiff received a copy of this report on February 11, 2025,
and, to date, has not filed objections. Doc. 40. Because the time
for filing timely objections has passed, the court will review the
magistrate judge’s report and recommendation only for clear
error. See Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415, 1420
(5th Cir. 1996).
Having reviewed the magistrate judge’s report, and being
satisfied that it contains no clear error, the court accepts its
findings and recommendation. Defendants’ motion to dismiss
(Doc. 34) is granted. Plaintiff’s lawsuit is dismissed with
prejudice for failure to state a claim upon which relief may be
granted. Any pending motions are denied as moot.
So ordered by the court on March 5, 2025.
jl CAMPBELL BARKER
United States District Judge
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