Haynes v. Turner Bass & Associates

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:20-cv-00192 Cathy Haynes, Plaintiff, V. Turner Bass & Associates, et al., Defendants.

ORDER On October 18, 2019, plaintiff Cathy Haynes filed this ac- tion in the Sherman Division of this court. See Doc. 1. On April 9, 2020, the case was transferred to the Tyler Division, where it was referred to United States Magistrate Judge K. Nicole Mitchell pursuant to 28 U.S.C. § 636. Docs. 9, 10.

Plaintiff's last contact with the court occurred on Decem- ber 9, 2019. See Doc. 8. Mail sent to plaintiff from the court was returned as undeliverable on June 4, 2020. Doc. 11. On Sep- tember 10, 2020, Judge Mitchell issued a report and recom- mendation that the complaint be dismissed without prejudice for failure to prosecute. Doc. 12. Her report acknowledged that “[t]he case cannot proceed if the Court cannot communi- cate with Plaintiff.” Id. The report was mailed to plaintiff's last known address by regular and certified mail, and it was re- ceived at that address on September 14, 2020. Doc. 13. No written objections to the report have been filed.

If no party objects to a magistrate judge’s report and rec- ommendation within 14 days of service, the court “need only satisfy itself that there is no clear error on the face of the rec- ord.” Douglass v. United Servs. Auto. Ass'n, 79 F.3d 1415, 1420 (5th Cir. 1996) (en banc) (cleaned up).

Having reviewed the magistrate judge’s report, and being satisfied that it contains no clear error, the court accepts its findings and recommendation. This action is dismissed with- out prejudice.

So ordered by the court on October 19, 2020. fab BARKER United States District Judge -2-