Krum v. Credit Control Corporation

District Court, E.D. Texas

Krum v. Credit Control Corporation

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:20-cv-00224 Heidi Krum, Plaintiff, V. Credit Control Corporation, Defendant.

ORDER On April 30, 2020, plaintiff Heidi Krum filed this case un- der the Fair Debt Collection Act. Doc. 1. Her case was referred to United States Magistrate Judge K. Nicole Mitchell under

28 U.S.C. § 636

. Doc. 3. On February 24, 2021, the defendant filed a motion to dis- miss plaintiff's claims with prejudice under Federal Rule of Civil Procedure 41(b). Doc. 27. The magistrate judge issued a report recommending that plaintiff’s claims be dismissed without prejudice after finding that such dismissal would be an appropriate lesser sanction for the plaintiff's unresponsive- ness and failure to comply with court orders. Doc. 28. Neither party objected to the report. When no party objects to a magistrate judge’s report, it is reviewed only for clear error. Douglass v. United Servs. Auto. Ass’n,

79 F.3d 1415, 1420

(5th Cir. 1996). Finding no clear error in the report, the court accepts the report and recommenda- tion. See Fed. R. Civ. P. 72(b)(3). Defendant’s motion to dis- miss is granted in part. Plaintiff’s claims are dismissed with- out prejudice. So ordered by the court on April 23, 2021. fake BARKER United States District Judge

Reference

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