Ditto v. Mills

District Court, S.D. Texas

Ditto v. Mills

Trial Court Opinion

UNITED STATES DISTRICT COURT January 26, 2024 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION

LARRY DALE DITTO, § § Plaintiff, § § VS. § CIVIL ACTION NO. 2:23-CV-00265 § BILL MILLS, § § Defendant. §

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION TO DISMISS CASE FOR FAILURE TO PROSECUTE On December 22, 2023, United States Magistrate Judge Julie K. Hampton issued her “Memorandum and Recommendation to Dismiss Case for Failure to Prosecute” (D.E. 12). 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. 12), 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 action is DISMISSED WITHOUT PREJUDICE pursuant to Rule 41(b). ORDERED on January 26, 2024. [eh GONZAIGS RAMOS UNITED STATES DISTRICT JUDGE

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