Lilly v. Ost

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:19-cv-00474 Tracy E. Lilly, Plaintiff, V. Dr. Loren Ost, Defendant.

Before BARKER, District Judge ORDER On October 18, 2019, United States Magistrate Judge K.

Nicole Mitchell ordered the plaintiff to file an amended com- plaint, within 30 days, showing a basis for federal court juris- diction. Doc. 4. The plaintiff missed that deadline. On Decem- ber 2, 2019, Judge Mitchell issued a report and recommenda- tion that the complaint be dismissed without prejudice for failure to prosecute. Doc. 7. The court delivered a copy of the report to the plaintiff by certified mail. It was returned un- claimed on January 2, 2010. Doc. 8. No objections have been filed. When no party objects to a magistrate judge’s report and recommendation within 14 days of service, the district court “need only satisfy itself that there is 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)). Here, there is no clear error.

Therefore, the court adopts the magistrate judge’s report and recommendation (Doc. 7). This action is dismissed with- out prejudice for failure to prosecute. Fed. R. Civ. P. 41(b).

Any motion not previously ruled on is denied as moot.

So ordered by the court on January 8, 2020.

CAMPBELL BARKER United States District Judge -2-