Stacey v. Daily

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TEXAS

No. 6:20-cv-00610 Benjamin Stacey,

Plaintiff,

V. Debra Dianna Daily,

Defendant.

ORDER

Plaintiff Benjamin Stacey filed the above-styled lawsuit pursu- ant to 42 U.S.C. §§ 1983 and 1988. Doc. 1. This case was subse- quently referred to United States Magistrate Judge K. Nicole Mitchell. Doc. 3.

On January 8, 2021, the magistrate judge instructed plaintiff to show cause for his failure to timely effect service of process. Doc. 4. Plaintiff failed to do so. On January 22, 2021, the magis- trate judge entered a report recommending that the court dismiss this case without prejudice for failure to timely effect service of process and failure to obey a court order. Doc. 5. No objections were filed.

When no party objects to a magistrate judge’s report and rec- ommendation, the court reviews it only for clear error. See Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415, 1420 (5th Cir. 1996). Having reviewed the magistrate judge’s report, and being satisfied that it contains no clear error, the court accepts its find- ings and recommendation. This case is dismissed without preju- dice for failure to timely effect service of process and for failure to comply with a court order.

So ordered by the court on July 22, 2021. feacbok BARKER

United States District Judge