Southern District of Texas ENTERED UNITED STATES DISTRICT COURT ates □□□□ □□□□ SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION D’ASHAJUAN CHRISTOPHER JUSTICE, § Petitioner, V. CIVIL ACTION NO. 2:23-CV-00079 BOBBY LUMPKIN, Respondent. ORDER ADOPTING MEMORANDUM & RECOMMENDATION Before the Court is Magistrate Judge Mitchel Neurock’s Memorandum and Recommendation (““M&R”). (D.E. 7). The M&R recommends that Petitioner’s habeas action be dismissed without prejudice pursuant to Rule 41(b). Jd. at 3. 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 eee: the Magistrate Judge’s M&R is clearly erroneous or contrary to law. United States v. Wilson,

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

, 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 in its entirety. (D.E. 7). Accordingly, Petitioner’s habeas action is DISMISSED without prejudice. (D.E. 7). 1/2

A final judgment will be entered separately. SO ORDERED. q S. MORALES UNITED STATES DISTRICT JUDGE

Dated: Corpus Christi, Texas August 7, 2023

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