Southern District of Texas ENTERED UNITED STATES DISTRICT COURT December 16, 2021 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION JAMES SCHORSCH, § § Plaintiff, § § v. § Civil Action No. 2:21-CV-00109 § EVELYN CASTROL, ET AL., § § Defendants. § ORDER ACCEPTING MEMORANDUM AND RECOMMENDATION Pending before the Court is the Memorandum and Recommendation (“M&R”) of Magistrate Judge Jason Libby. (Dkt. No. 7). Magistrate Judge Libby recommends the Court dismiss James Schorsch’s Section 1983 claims because he did not pay the filing fee

or show cause as to why he cannot. Fed. R. Civ. P. 41(b). See, e.g., Coleman v. Sweetin,

(5th Cir. 2014) (district courts may sua sponte dismiss a case under Rule 41(b)). Schorsch did not object after he was provided proper notice and the opportunity. See

(b)(1); Fed. R. Civ. P. 72(b). So, review is for plain error. Hawes v. Stephens,

(Sth Cir. 2020). There is none. Thus, the Court ACCEPTS the M&kR as that of the Court and DISMISSES WITHOUT PREJUDICE Schorsch’s claims. It is SO ORDERED. Signed on December 16, 2021.

DREW B. TIPTON UNITED STATES DISTRICT JUDGE