Tracy v. Breadsley
Tracy v. Breadsley
Trial Court Opinion
□ Southern District of Texas ENTERED February 13, 2024 UNITED STATES DISTRICT COURT athan Ochsner, Clerk SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION STEVEN TYLER TRACY, § § Plaintiff, § § § CIVIL ACTION NO. 2:23-CV-00298 § NFN BREADSLEY, et al., § § Defendants. § ORDER ADOPTING MEMORANDUM & RECOMMENDATION Before the Court is Magistrate Judge Mitchel Neurock’s Memorandum and Recommendation (“M&R”). (D.E. 11). The M&R recommends that the Court dismiss Plaintiff's case without prejudice pursuant to Federal Rule of Civil Procedure 41(b). /d. at 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 in its entirety. (D.E. 11). Accordingly, all claims in this action are DISMISSED without prejudice for want of
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prosecution. (D.E. 3); see FED. R. Civ. P. 41(b).! A final judgment will be entered separately. SO ORDERED.
DA . MORALES UNITED STATES DISTRICT JUDGE
Dated: Corpus Ce 5 February [st , 2024
' The Court notes that Plaintiff may not have intended to bring this action at this time. See (D.E. 12, p. 1). Plaintiff's case is being dismissed without prejudice. As such, Plaintiff may bring his claims at a later date if he chooses to do so. 212
Reference
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