Sias v. Jacobs
Sias v. Jacobs
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:17-cv-00413 Donald Sias, Plaintiff, V. Georgette Jacobs et al., Defendants.
ORDER On July 13, 2017, plaintiff Donald Sias, proceeding pro se and 7 forma pauperis, filed this civil-rights lawsuit pursuant to
42 U.S.C. § 1983. The case was referred to United States Magistrate Judge John D. Love pursuant to
28 U.S.C. § 636(b). Doc. 3. On April 5, 2019, the magistrate judge closed this case for admin- istrative and statistical purposes until such time as plaintiff’s inter- locutory appeal challenging the denial of his motion for summary judgment had been resolved. Doc. 165. On April 8, 2019, plaintiff filed a second interlocutory appeal. Doc. 166. On June 13, 2019, plaintiff interlocutory appeals were dismissed for lack of jurisdic- tion and for want of prosecution. Doc. 172. Neither party filed a mo- tion to reopen the case. On May 12, 2022, the magistrate judge reopened the case and returned it to the open docket. Doc. 173. On that same date, the mag- istrate judge entered a report recommending that plaintiffs case be dismissed without prejudice for want of prosecution. Doc. 174. No objections have been 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 the report contains no clear error, the court accepts the findings and conclusions of the report. Accordingly, the complaint is dismissed without prejudice for want of prosecution.
So ordered by the court on June 10, 2022. fLacbola BARKER United States District Judge
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Reference
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