Longman v. Unknown
Longman v. Unknown
Trial Court Opinion
Souther District of Texas ENTERED June 18, 2024 UNITED STATES DISTRICT COURT Nathan Ochsner, Clerk SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION DAVID LONGMAN, § Plaintiff, v. : CIVIL ACTION NO. 2:24-CV-00015 UNKNOWN DEFENDANTS Defendants. ORDER ADOPTING MEMORANDUM & RECOMMENDATION Before the Court is Magistrate Judge Mitchel Neurock’s Memorandum and Recommendation (“M&R”). (D.E. 9). The M&R recommends that the Court deny Plaintiffs motion for preliminary injunction and temporary restraining order, see (D.E. 1), and dismiss the case without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute □□ □ comply with court orders. See (D.E. 9, p. 2-3). 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. 9). Accordingly, the Court DENIES Plaintiff's motion for preliminary injunction and temporary restraining order. (D.E. 1).
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The Court DISMISSES this case without prejudice pursuant to Rule 41(b). A final judgment will be entered separately. SO ORDERED.
DA RALES UNITED STATES DISTRICT JUDGE
Dated: Corpus Christi, Texas June ya , 2024
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Reference
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