Flores v. Nueces Co Jail

District Court, S.D. Texas

Flores v. Nueces Co Jail

Trial Court Opinion

Southern District of Texas ENTERED June 28, 2023 UNITED STATES DISTRICT COURT Nathan Ochsner, Clerk SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION JOSE FELIPE FLORES, § Plaintiff, v. CIVIL ACTION NO. 2:23-CV-00058 NUECES CO JAIL, et al., Defendants. : ORDER ADOPTING MEMORANDUM & RECOMMENDATION Before the Court is Magistrate Judge Jason Libby’s Memorandum and Recommendation (“M&R”). (D.E. 6). The M&R recommends that the Court dismiss Plaintiffs case for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). Jd. at 1-2. The parties were provided proper notice of, and the opportunity to object to, the Magistrate Judge’s M&R. See

28 U.S.C. § 636

(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,

864 F.2d 1219, 1221

(Sth Cir. 1989) (per curiam); Badaiki v. Schlumberger Holdings Corp.,

512 F. Supp. 3d 741

, 743-44 (S.D. Tex. 2021) (Eskridge, J.). Having 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 erroneous or contrary to law, the Court ADOPTS the M&R. (D.E. 6). Accordingly, Plaintiff's case is DISMISSED for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). 1/2

(D.E. 1). A final judgment will be entered separately. SO ORDERED. —) /] f f é ( | / A te \ SA 4 — DAVIDS. MORALES UNITED STATES DISTRICT JUDGE

Dated: Corpus Christi, Texas June 27, 2023

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