Dickey v. Hooper

District Court, S.D. Texas

Dickey v. Hooper

Trial Court Opinion

UNITED STATES DISTRICT COURT March 04, 2024 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION

BENJAMIN DOUGLAS DICKEY, § § Plaintiff, § § VS. § CIVIL ACTION NO. 2:23-CV-00313 § J.C. HOOPER, et al., § § Defendants. §

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION TO DISMISS FOR FAILURE TO PROSECUTE On January 31, 2024, United States Magistrate Judge Julie K. Hampton issued her “Memorandum and Recommendation to Dismiss for Failure to Prosecute” (D.E. 9). 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. 9), 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, Plaintiffs motion to proceed in forma pauperis (D.E. 2) is DENIED and this action is DISMISSED WITHOUT PREJUDICE pursuant to Rule 41(b). ORDERED on March 4, 2024. GONZAIGS RAMOS UNITED STATES DISTRICT JUDGE

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