UNITED STATES DISTRICT COURT February 28, 2023 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk VICTORIA DIVISION ERICA L. HOLLOWAY, § § Plaintiff, § § v. § Civil Action No. 6:20-CV-00052 § BDM MUD, LLC, Q’MAX AMERICA, § INC., PRI OPERATING, LLC, EASTHAM § DRILLING, INC. § § Defendants. § ORDER ACCEPTING MEMORANDUM AND RECOMMENDATION Before the Court is the October 3, 2022 Memorandum and Recommendation (“M&R”) of Magistrate Judge Mitchel Neurock. (Dkt. No. 23). In the M&R, Magistrate Judge Neurock recommends that the Court (1) grant Defendant’s Motion to Dismiss, (Dkt. No. 14), and (2) dismiss with prejudice Holloway’s claims against Defendants for failure to prosecute. (Dkt. No. 23). The Parties were provided proper notice and the opportunity to object to the M&R. See

(b)(1). Neither party objected. As a result, review is straightforward: plain error. Guillory v. PPG Indus., Inc.,

(5th Cir. 2005). No plain error appears. Accordingly, the Court ACCEPTS the M&R, (Dkt. No. 23), as the Court’s Memorandum Opinion and Order. The Court GRANTS Defendants’ Motion to Dismiss, (Dkt. No. 14), and DISMISSES WITH PREJUDICE Holloway’s case for failure to prosecute. It is SO ORDERED. Signed on February 27, 2023.

DREW B. TIPTON UNITED STATES DISTRICT JUDGE