Opinions and documents
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION
KEDRIEN BOOKER, §
§
Plaintiff, §
§
v. § CASE NO. 5:25-CV-160-RWS-JBB
§
LATAYA HALL, et al., §
§
Defendants. §
ORDER
Plaintiff Kedrien Booker, a prisoner currently confined in the Garfield County Jail in Enid,
Oklahoma and proceeding pro se, filed the above-styled civil rights lawsuit under 42 U.S.C. §
1983. See generally Docket No. 1. Plaintiff alleges Defendants deprived him of his constitutional
rights during his confinement in the Texas Department of Criminal Justice - Correctional
Institutions Division. Id. The case was referred to United States Magistrate Judge J. Boone Baxter
in accordance with 28 U.S.C. § 636. Plaintiff’s complaint states that on September 17, 2025,
another inmate assaulted him by biting his arm while officers stood by and watched. Id. at 4. The
lawsuit is signed September 24, 2025. Id. at 5.
After reviewing the pleadings, the magistrate judge issued a report and recommendation on
December 1, 2025, recommending that the lawsuit be dismissed without prejudice for failure to
state a claim based on Plaintiff’s failure to exhaust administrative remedies. Docket No. 9. Plaintiff
received copies of the magistrate judge’s report and recommendation on February 26, 2026 and
March 10, 2026 (Docket Nos. 18, 19), but he has filed no objections to date. As a result, Plaintiff
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, Tex., 858 F.3d 348, 352 (Sth Cir. 2017).
The Court has reviewed the pleadings and the report and recommendation of the magistrate
judge. After review, the Court concludes that the report and recommendation is correct. See United
States v. Wilson, 864 F.2d 1219, 1221 (Sth 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 of the magistrate judge (Docket No. 9) is
ADOPTED as the opinion of the District Court. It is further
ORDERED that the above-styled case is DISMISSED WITHOUT PREJUDICE for
failure to state a claim upon which relief can be granted.
The dismissal of this lawsuit shall count as a strike for purposes of 28 U.S.C. § 1915(g).
Emmett v. Ebner, 423 F.App’x 492, 493-94 (Sth Cir. 2011) (district court properly dismissed
lawsuit for failure to state a claim upon which relief may be granted, predicated on failure to exhaust
administrative remedies; district court’s dismissal of the complaint counted as a strike). The Clerk
shall send a copy of this order to the Administrator of the Three Strikes List for the Eastern District
of Texas. It is further
ORDERED that all pending motions in this civil action are hereby DENIED-AS-MOOT.
So ORDERED and SIGNED this 11th day of May, 2026.
[Dohert LU Lbrpectsr G2.
ROBERT W. SCHROEDER III
UNITED STATES DISTRICT JUDGE
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