Molina v. Sanchez Balderas

District Court, S.D. Texas

Molina v. Sanchez Balderas

Trial Court Opinion

□ Southern District of Texas ENTERED September 05, □□□□ UNITED STATES DISTRICT COURT Nathan Ochsner, Clerk SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION HERRADO JOSE MOLINA, § § Plaintiff, § V. § CIVIL ACTION NO. 2:24-CV-00082 § PERLA K. SANCHEZ BALDERAS, et al., § § Defendants. § ORDER ADOPTING MEMORANDUM & RECOMMENDATION Before the Court is Magistrate Judge Julie Hampton’s Memorandum and Recommendation (“M&R”). (D.E. 7). The M&R recommends that the Court dismiss the case without prejudice for failure to prosecute. Jd. 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). 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. 7). Accordingly, the Court ORDERS that this case be DISMISSED without prejudice for failure to prosecute.

' The docket sheet reflects Plaintiffs address as the James V. Allred Unit in lowa Park, Texas. However, an inmate search on the Texas Department of Criminal Justice’s website reveals that Plaintiff is currently housed in the Robertson facility in Abilene, Texas. 1/2

Further, the Court ORDERS the Clerk of Court to send a copy of the D.E. 7 M&R, this Order, and the accompanying final judgment to Plaintiff at the Robertson Unit, 12071 FM 3522, Abilene, Texas 79601. SO ORDERED.

D S. MORALES UNITED STATES DISTRICT JUDGE Dated: Corpus Christi, Texas September SF 2024

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Reference

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