Timothy Neil Harger v. Matt Haley

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION TIMOTHY NEIL HARGER PLAINTIFF v. CIVIL ACTION NO. 1:25-cv-79-TBM-RPM MATT HALEY DEFENDANT ORDER ADOPTING REPORT AND RECOMMENDATION This matter is before the Court on the submission of the Report and Recommendation [26] entered by United States Magistrate Judge Robert P. Myers on December 11, 2025. Judge Myers recommends dismissing the pro se plaintiff’s complaint without prejudice for failure to prosecute.

The plaintiff has not filed an objection to the Report and Recommendation, and the time for filing an objection has expired.

“When no timely objection is filed, the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.” FED. R. CIV. P. 72(b) advisory committee’s note to 1983 addition (citations omitted); see Casas v. Aduddell, 404 F. App’x 879, 881 (5th Cir. 2010) (“When a party fails timely to file written objections to the magistrate judge’s proposed findings, conclusions, and recommendation, that party is barred from attacking on appeal the unobjected-to proposed findings and conclusions which the district court accepted, except for plain error.”) (citing Douglass v. United Serv. Auto Ass’n, 79 F.3d 1415, 1428-29 (5th Cir. 1996) (en banc); 28 U.S.C. § 636(b)(1)). Having considered Judge Myers’ Report and Recommendation, the Court finds it is neither clearly erroneous nor contrary to law.

IT IS THEREFORE ORDERED AND ADJUDGED that Report and Recommendation [26] entered by United States Magistrate Robert P. Myers on December 11, 2025, is ADOPTED as the opinion of the Court.

THIS, the 16th day of January, 2026. _____________________________ TAYLOR B. McNEEL UNITED STATES DISTRICT JUDGE