UNITED STATES DISTRICT COURT February 24, 2023 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION

JAMES LUEIS FONTENOT, § § Petitioner, § § VS. § CIVIL ACTION NO. 2:22-CV-00194 § BOBBY LUMPKIN, § § Respondent. §

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION

On January 24, 2023, United States Magistrate Judge Julie K. Hampton issued her “Memorandum and Recommendation” (M&R, D.E. 10), recommending that this action be dismissed for failure to prosecute because Plaintiff has neither paid the filing fee nor filed an application to proceed in forma pauperis. The parties were provided proper notice of, and opportunity to object to, the Magistrate Judge’s M&R. Fed. R. Civ. P. 72(b);

(b)(1); General Order No. 2002-13. No objections have been timely filed. When no timely objection to a magistrate judge’s M&R is filed, the district court need only satisfy itself that there is no clear error on the face of the record and accept the magistrate judge’s M&R. Guillory v. PPG Indus., Inc.,

(5th Cir. 2005) (citing Douglass v. United Servs. Auto Ass’n,

(5th Cir. 1996)). Having reviewed the findings of fact and conclusions of law set forth in the Magistrate Judge’s M&R (D.E. 10), and all other relevant documents in the record, and finding no clear error, the Court ADOPTS as its own the findings and conclusions of the Magistrate Judge. Accordingly, this action is DISMISSED WITHOUT PREJUDICE for failure to prosecute. ORDERED on February 24, 2023. [eke GONZAIGS RAMOS UNITED STATES DISTRICT JUDGE

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