Vasquez v. Warden - FCI Three Rivers

District Court, S.D. Texas

Vasquez v. Warden - FCI Three Rivers

Trial Court Opinion

Southern District of Texas UNITED STATES DISTRICT COURT ENTERED SOUTHERN DISTRICT OF TEXAS February 13, 2020 CORPUS CHRISTI DIVISION David J. Bradley, Clerk BENJAMIN VASQUEZ, § Petitioner, Vv. : CIVIL ACTION NO. 2:19-CV-178 NFN WARDEN - FCI THREE RIVERS, Respondent. ORDER ADOPTING MEMORANDUM AND RECOMMENDATION Before the Court is Magistrate Judge B. Janice Ellington’s Memorandum and Recommendation :(M&R), entered on November 21, 2019. (D.E. 13). The M&R recommends that the Court dismiss Vasquez’s petition without prejudice for want of prosecution. The parties were provided proper notice of, and the opportunity to object to, the Magistrate Judge’s M&R.! See

28 U.S.C. § 636

(b)(1); FED. R. CIV. P. 72(b); General Order No. 2002-13. No objection has been filed. When no timely objection has been filed, the district court need only determine whether the magistrate judge’s memorandum and recommendation is clearly erroneous or contrary to law. United States v. Wilson,

864 F.2d 1219, 1221

(Sth Cir. 1989) (per curiam); Powell v. Litton Loan Servicing, LP, No. CIV. A. 1-14-2700,

2015 WL 3823141

, at *1 (S.D. Tex. June 18, 2015). Having carefully reviewed the proposed findings and conclusions of the Magistrate . Judge, the filings of the parties, the record, and the applicable law, and finding that the

! Petitioner’s mail was returned as undeliverable several times. As a party, he is required to keep the Court apprised of his current address at all times and has failed to do so.

+79

M&R is not clearly erroneous or contrary to law, the Court ADOPTS the M&R in its entirety. (D.E. 13). Accordingly, the petition is DISMISSED without prejudice for want of prosecution. SIGNED and ORDERED this _| WM aay oT 7 DAVID S. MORALES UNITED STATES DISTRICT JUDGE

2/2

Reference

Status
Unknown