Stamps v. Cerliano
Stamps v. Cerliano
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:19-cv-00244 James Stamps, Plaintiff, V. Maxey Cerliano et al., Defendants.
ORDER Plaintiff filed this civil action on June 3, 2019. Doc. 1. The case was referred to United States Magistrate Judge K. Nicole Mitchell. Doc. 3. On January 16, 2020, the magistrate judge or- dered plaintiff to either provide a current address for Doug Williams, the sole remaining defendant, or else show cause why plaintiff's claims against Williams should not be dis- missed for failure to serve process. Doc. 29. A copy of this or- der was mailed to the address that Stamps had provided to the court, but the mailing was returned as undeliverable. See Doc. 30. On April 13, 2020, the magistrate judge issued a re- port and recommendation that this case be dismissed without prejudice for failure to prosecute and failure to obey a court order. Doc. 31. A copy of the report and recommendation was mailed to plaintiff's last known address, but this too was re- turned as undeliverable. See Doc. 32. To date, plaintiff has filed no objections to the magistrate judge’s report and recom- mendation. Accordingly, the court reviews the report and rec- ommendation for clear error. See Douglass v. United States Auto Ass’n,
79 F.3d 1420(5th Cir. 1996). There is no clear error. Therefore, the magistrate judge’s report and recommen- dation (Doc. 31) is adopted. This case is dismissed without prejudice for failure to prosecute and failure to obey a court order. Each party shall bear its own costs and attorney’s fees.
Any outstanding motions are denied as moot. The clerk of court is directed to close this case. So ordered by the court on August 11, 2020.
J} “CAMPBELL BARKER United States District Judge
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Reference
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