□ Southern District of Texas ENTERED June 27, 2023 UNITED STATES DISTRICT COURT Nathan Ochsner, Clerk SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION ROBERT NAJAR, IT, § § Petitioner, § V. § CIVIL ACTION NO. 2:23-CV-00015 § WARDEN COX, § § Respondent. § ORDER ADOPTING MEMORANDUM AND RECOMMENDATION Before the Court is Magistrate Judge Mitchell Neurock’s Memorandum and Recommendation ““M&R”). (D.E. 14). The M&R recommends that the Court deny Petitioner’s motion for stay and abeyance as moot, because the motion was filed after final judgment had already been entered. Jd. at 5. Alternatively, should the Court construe Petitioner’s motion for abeyance as a motion to alter or amend the judgment under Rule 59(e), the M&R recommends that the Court deny Petitioner’s motion. Jd. The parties were provided proper notice of, and the opportunity to object to, the Magistrate Judge’s M&R.! See

(b)(1); FED. R. Civ. P. 72(b); General Order No. 2002-13. No objection has been filed. When no timely objection has been filed, the district court need only determine whether the Magistrate Judge’s M&R is clearly erroneous or contrary to law. United States v. Wilson,

(Sth Cir. 1989) (per curiam); Powell v. Litton Loan Servicing, LP, No. CIV. A. H-14-2700,

, at *1 (S.D. Tex. June 18, 2015). Having carefully reviewed the proposed findings and conclusions of the Magistrate Judge, the filings of the parties, the record, and the applicable law, and finding that the M&R is not clearly

' Plaintiff's mail was returned as undeliverable. Since then, the Court has waited an appropriate amount of time for an updated address. As a party, Plaintiff is required to keep the Court apprised of his current address at all times and has failed to do so. 1/2

erroneous or contrary to law, the Court ADOPTS the M&R in its entirety, (D.E. 14), and, for the reasons stated in the M&R, DENIES as moot Petitioner’s motion, (D.E. 13). SO ORDERED. = /) f f Ky U i f / J a \ DAVID-S. MORALES UNITED STATES DISTRICT JUDGE

Dated: Corpus Christi, Texas June 24442023

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