Doud v. McMillion

UNITED STATES DISTRICT COURT July 28, 2020 SOUTHERN DISTRICT OF TEXAS David J. Bradley, Clerk CORPUS CHRISTI DIVISION BRIAN WILLIAM DOUD, § § Plaintiff, § VS. § CIVIL ACTION NO. 2:19-CV-374 § NATASHA MCMILLION, et al., § § Defendants. § ORDER ADOPTING MEMORANDUM AND RECOMMENDATION Before the Court is Magistrate Judge Julie Hampton’s Memorandum and Recommendation (M&R). (D.E. 50). The M&R recommends that the Court dismiss Plaintiff’s lawsuit without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute and that his motions for class certification be denied as moot. Id. at 3.

Plaintiff was 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 M&R is clearly erroneous or contrary to law. United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989) (per curiam); Powell v. Litton Loan Servicing, LP, No. CIV. A. H-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 record, and the applicable law, and finding that the M&R is not clearly erroneous or contrary to law, the Court ADOPTS the M&R in its entirety. (D.E. 50). Accordingly, Plaintiff's lawsuit is DISMISSED WITHOUT PREJUDICE under Rule 41(b) for failure to prosecute and his motions for class certification (D.E. 6, D.E. 9) are DENIED as moot.

The Clerk of Court is ORDERED to administratively CLOSE this case.

SIGNED and ORDERED this 28th day of July 2020.

/ Ji ff k (Al AVID S. MORALES UNITED STATES DISTRICT JUDGE 2/2