Thomas v. Burke

SOUUNTITHEEDR NST DAITSETSR IDCITS TORFI CMTIS CSOISUSRIPTP I WESTERN DIVISION RAYMOND KEITH THOMAS PLAINTIFF VERSUS CIVIL ACTION NO. 5:22-cv-81-DCB-ASH J. BURKE, Medical Doctor DEFENDANT REPORT AND RECOMMENDATION This matter is before the Court on pro se Plaintiff Raymond Keith Thomas’s Motion to Dismiss [53] this civil action without prejudice. Defendant filed his Response [55] stating that he “does not oppose the motion.” The undersigned recommends that Plaintiff’s Motion to Dismiss [53] this civil action without prejudice be granted.

NOTICE OF RIGHT TO OBJECT In accordance with the Rules of this Court, any party may serve and file written objections to the recommendations, with a copy1 to the United States District Judge, the Magistrate Judge, and the opposing party, within fourteen days after being served a copy of this recommendation.

Failure to timely file written objections to proposed findings, conclusions, and recommendations contained within this report and recommendation will bar that party from attacking on appeal unobjected to proposed factual findings and legal conclusions accepted by the District Court, except on the grounds of plain error. See 28 U.S.C. § 636; Fed. R. Civ. P. 72(b); Alexander v. Verizon Wireless Servs., L.L.C., 875 F.3d 243, 248 (5th Cir. 2017).

RESPECTFULLY SUBMITTED, this the 14th day of January, 2025.

s/ Andrew S. Harris UNITED STATES MAGISTRATE JUDGE