Harmon v. Smith

District Court, E.D. Texas

Harmon v. Smith

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:21-cv-00388 Scott Harmon, Plaintiff, V. Larry Smith, Defendant.

ORDER Plaintiff Scott Harmon, proceeding pro se, jointly filed a civil- rights lawsuit pursuant to

42 U.S.C. § 1983

with several other in- mates. The plaintiff’s case was severed from the other inmates and referred to United States Magistrate Judge K. Nicole Mitchell pur- suant to

28 U.S.C. § 636

(b). Docs. 1, 14, 15. On December 16, 2021, the magistrate judge issued a report rec- ommending that the plaintiff’s case be dismissed without prejudice due to the plaintiff’s failure to comply with the court’s orders and to prosecute his case. Doc. 19. No objections were filed. When no party objects to the magistrate judge’s report and rec- ommendation, the court reviews it only for clear error. See Douglass vy. United Servs. Auto. Ass’n,

79 F.3d 1415, 1420

(5th Cir. 1996). Hav- ing reviewed the magistrate judge’s report, and being satisfied that it contains no clear error, the court accepts its findings and recommen- dation. This case is dismissed without prejudice. So ordered by the court on February 3, 2022.

j! CAMPBELL BARKER United States District Judge

Reference

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