Camacho v. Tyler Police Department Unknown Employees

District Court, E.D. Texas

Camacho v. Tyler Police Department Unknown Employees

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:19-cv-00125 Alexandro Camacho, Plaintiff, V. Tyler Police Department Unknown Employees and Robert Main, Defendants. Before BARKER, District Judge ORDER Plaintiff Alexandro Camacho filed this action under

42 U.S.C. § 1983

on April 4, 2019. Doc. 1. The case was referred to United States Magistrate Judge K. Nicole Mitchell pursuant to

28 U.S.C. § 636

. On October 16, 2019, Judge Mitchell entered a report and recommendation, which recommended that the case be dismissed without prejudice for failure to prosecute. Doc. 11. A copy of this report was mailed to plaintiff at the Smith County jail but was returned as undeliverable. Doc. 12. The court, having reviewed Judge Mitchell’s recommen- dation, finds no “clear error on the face of the record.” Douglass v. United Servs. Auto. Ass'n,

79 F.3d 1415, 1420

(Sth Cir. 1996) (en banc) (quoting Fed. R. Civ. P. 72(b) advisory committee’s note (1983)). Accordingly, the report and recom- mendation (Doc. 11) is adopted. Fed. R. Civ. P. 72(b)(3). All claims in this matter are dismissed without prejudice and the statute of limitations for plaintiff's claims are suspended for 60 days from the date this order is entered. See Mills v. Crimi- nal District Court No. 3,

837 F.2d 677, 680

(5th Cir. 1988). The clerk of court is directed to close this case.

So ordered by the court on December 13, 2019.

CAMPBELL BARKER United States District Judge

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Reference

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