Peck v. Gordo Police Department
Peck v. Gordo Police Department
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA WESTERN DIVISION
KEVIN PECK, ) ) Plaintiff, ) ) V. ) Case No.: 7:24-cv-233-LCB-JHE ) GORDO POLICE DEPARTMENT, ) et al., ) ) Defendants. )
ORDER On June 11, 2024, U.S. Magistrate Judge John H. England, III, issued a Report and Recommendation in accordance with
28 U.S.C. § 636(b)(1) recommending that the Court dismiss this action without prejudice for failure to prosecute. (Doc. 10). No party has objected to the Report and Recommendation. If a party objects to a portion of a Magistrate Judge’s report or proposed findings or recommendations, the district court must review de novo those portions of the report to which the party has specifically objected.
28 U.S.C. § 636(b)(1); FED. R. CIV. P. 72(b). Unchallenged portions of a Magistrate Judge’s report are reviewed for clear error. Haywood v. Green, Case No. 1:21-cv-01112-LCB-HNJ,
2023 WL 6303027, at *1 (N.D. Ala. Sept. 27, 2023). The district court may, in its review, “accept, reject, or modify, in whole or in part,” the Magistrate Judge’s findings or recommendations.
28 U.S.C. § 636(b)(1)(C). Having reviewed the proposed findings and recommendations for clear error, the Court concludes that the Magistrate Judge’s Report and Recommendation (Doc. 10) should be ACCEPTED and hereby ADOPTS it as the findings of the Court. The case is therefore DISMISSED WITHOUT PREJUDICE. The Clerk of Court is DIRECTED to close the case. DONE and ORDERED this July 11, 2024.
x SZ Sh LILES C. BURKE UNITED STATES DISTRICT JUDGE
Reference
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