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govinfo:USCOURTS-txed-6_26-cv-00079-0

U.S. District Court for the Eastern District of Texas · 2026-06-15

· GavelSight synced 2026-09-06 03:50:24

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IN THE UNITED STATES DISTRICT COURT 
FOR THE EASTERN DISTRICT OF TEXAS 
TYLER DIVISION 
 
BRANDON TYRONE STANMORE, 
 
 Plaintiff, 
 
v. 
 
JERRY STANMORE, et al., 
 
 Defendants. 
 
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ORDER ADOPTING THE REPORT AND RECOMMENDATION 
OF THE UNITED STATES MAGISTRATE JUDGE 
Plaintiff Brandon Tyrone Stanmore , proceeding pro se , filed this lawsuit 
pursuant to 42 U.S.C. § 1983 without paying the filing fee when he was an inmate of 
the Gregg County Jail. This case was referred to United States Magistrate Judge 
John D. Love for findings of fact, conclusions of law, and recommendations for the 
disposition of the action. 
On April 30, 2026, Judge Love issued a Report recommending that Plaintiff’s 
lawsuit be dismissed for failure to prosecute because Plaintiff had failed to comply 
with the Court’s order to file a certified copy of his jail trust account statement to 
support his application for proceed in forma pauperis. Docket No. 8. A copy of this 
Report was mailed to Plaintiff , who did not file objections within the period allowed 
and has taken no further action to prosecute this case. 
This Court reviews the findings and conclusions of the Magistrate Judge de 
novo only if a party objects within fourteen days of service of the Report and 
Recommendation. 28 U.S.C. § 636(b)(1). In conducting a de novo review, the Court PageID #: 
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examines the entire record and makes an independent assessment under the law. 
Alexander v. Verizon Wireless Services, LLC, 875 F.3d 243, 249 (5th Cir. 2017). 
Here, Plaintiff did not object in the prescribed period. The Court therefore 
reviews Judge Love’s findings for clear error or abuse of discretion and reviews the 
legal conclusions to determine whether they are contrary to law. See United States v. 
Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989) (holding that, if no objections to a 
Magistrate Judge’s Report are filed, the standard of review is “clearly erroneous, 
abuse of discretion and contrary to law”). 
Having reviewed the Magistrate Judge’s Report and the record in this case, 
the Court finds no clear error or abuse of discretion and no conclusions contrary to 
law. Accordingly, the Court hereby ADOPTS the Report and Recommendation of the 
United States Magistrate Judge (Docket No. 8) as the findings of this Court. It is 
therefore ORDERED that this case is DISMISSED without prejudice for failure to 
prosecute. 
 
 
So ordered and signed on this 
Jun 15, 2026 PageID #: 
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