□ Southern District of Texas ENTERED UNITED STATES DISTRICT COURT May 20, 2020 SOUTHERN DISTRICT OF TEXAS David J. Bradley, Clerk MCALLEN DIVISION

JOSE LUIS MENDOZA-SOTO, § § § VS. § CIVIL ACTION NO. M-17-305 § LORIE DAVIS § § § ORDER ADOPTING REPORT AND RECOMMENDATION Pending before the Court is Plaintiff Jose Luis Mendoza-Soto’s civil rights action pursuant to

, which had been referred to the Magistrate Court for a report and recommendation. On May 5, 2020, the Magistrate Court issued the Report and Recommendation, recommending that this action be dismissed without prejudice based on Plaintiff's failure to prosecute. The time for filing objections has passed and no objections have been filed. Pursuant to Federal Rule of Civil Procedure 72(b), the Court has reviewed the Report and Recommendation for clear error.’ Finding no clear error, the Court adopts the Report and Recommendation in its entirety. Accordingly, Plaintiff's § 1983 civil rights action is hereby DISMISSED without prejudice. IT IS SO ORDERED. DONE at McAllen, Texas, this 20th day of May, 2020. War 7 Micae varez United States District Judge

' As noted by the Fifth Circuit, “[t]he advisory committee’s note to Rule 72(b) states that, ‘[w]hen no timely objection is filed, the [district] court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.’” Douglas v. United Servs. Auto. Ass’n,

(5th Cir. 1996) (quoting FED. R. Clv. P. 72(b) advisory committee’s note (1983)) superceded by statute on other grounds by

(b)(1), as stated in ACS Recovery Servs., Inc. v. Griffin, No. 11-40446,

, at *7 n.5 (5th Cir. Apr. 2, 2012).

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