Gibbons v. Cox

District Court, S.D. Texas

Gibbons v. Cox

Trial Court Opinion

UNITED STATES DISTRICT COURT April 12, 2023 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION EURIC GIBBONS, § § Plaintiff, § § v. § Civil Action No. 2:22-CV-00175 § WARDEN COX, § § Defendant. § ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Pending before the Court is the September 29, 2022, Memorandum and Recommendation (“M&R”) prepared by Magistrate Judge Jason Libby. (Dkt. No. 7). Magistrate Judge Libby made findings and conclusions and recommended that Plaintiff’s complaint be dismissed for want of prosecution. (Id.). The Parties were provided proper notice and the opportunity to object to the M&R. See

28 U.S.C. § 636

(b)(1); Fed. R. Civ. P. 72(b). No party filed an objection. As a result, review is straightforward: plain error. Guillory v. PPG Indus., Inc.,

434 F.3d 303, 308

(5th Cir. 2005). No plain error appears. Accordingly, the Court accepts the M&R and adopts it as the opinion of the Court. It is therefore ordered that: (1) Magistrate Judge Libby’s M&R, (Dkt. No. 7) is ACCEPTED and ADOPTED in its entirety as the holding of the Court; and (2) Plaintiff’s Complaint, (Dkt. No. 1), is DISMISSED WITHOUT PREJUDICE. It is SO ORDERED. Signed on April 12, 2023.

DREW B. TIPTON UNITED STATES DISTRICT JUDGE

Reference

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