Montiel v. Castro
Montiel v. Castro
Trial Court Opinion
UNITED STATES DISTRICT COURT August 03, 2020 SOUTHERN DISTRICT OF TEXAS David J. Bradley, Clerk CORPUS CHRISTI DIVISION
JORGE MONTIEL, § § Plaintiff, § VS. § CIVIL ACTION NO. 2:20-CV-101 § HEAD WARDEN CASTRO, et al., § § Defendants. §
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
Before the Court is Magistrate Judge Jason B. Libby’s Memorandum and Recommendation (M&R), entered on June 24, 2020. (D.E. 7). The M&R recommends that the Court dismiss Plaintiff’s case for failure to prosecute. (D.E. 7, p. 2). 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 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, Plaintiff’s complaint, 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. 7). Accordingly, the Court DISMISSES this case for failure to prosecute. SIGNED and ORDERED this 3rd day of August 2020. DEM \ \ □ A( CS & DAVID S. MORALES UNITED STATES DISTRICT JUDGE
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