Downum v. Kirkpatrick

District Court, S.D. Texas

Downum v. Kirkpatrick

Trial Court Opinion

UNITED STATES DISTRICT COURT November 16, 2023 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION

CHRISTOPHER JOSEPH DOWNUM, § § Plaintiff, § § VS. § CIVIL ACTION NO. 2:23-CV-00169 § RICHARD KIRKPATRICK, et al., § § Defendants. §

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION TO DISMISS CASE FOR FAILURE TO PROSECUTE On October 16, 2023, United States Magistrate Judge Julie K. Hampton issued her “Memorandum and Recommendation to Dismiss Case for Failure to Prosecute” (D.E. 17). Plaintiff was provided proper notice of, and opportunity to object to, the Magistrate Judge’s memorandum and recommendation. Fed. R. Civ. P. 72(b);

28 U.S.C. § 636

(b)(1); General Order No. 2002-13. No objections have been timely filed. When no timely objection to a magistrate judge’s memorandum and recommendation 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 memorandum and recommendation. Guillory v. PPG Indus., Inc.,

434 F.3d 303, 308

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

79 F.3d 1415, 1420

(5th Cir. 1996)). Having reviewed the findings of fact and conclusions of law set forth in the Magistrate Judge’s memorandum and recommendation (D.E. 17), 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 pursuant to Federal Rule of Civil Procedure 41(b). ORDERED on November 16, 2023. [eke GONZAIGS RAMOS UNITED STATES DISTRICT JUDGE

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