Soliz v. Lumpkin

District Court, S.D. Texas

Soliz v. Lumpkin

Trial Court Opinion

Souther District of Texas UNITED STATES DISTRICT COURT ENTERED SOUTHERN DISTRICT OF TEXAS July 03, 2025 CORPUS CHRISTI DIVISION Nathan Ochsner, Clerk JESUS SOLIZ, § Plaintiff, V. CIVIL ACTION NO. 2:24-CV-00260 BOBBY LUMPKIN, et al., Defendants. : ORDER ADOPTING MEMORANDUM AND RECOMMENDATION Before the Court is Magistrate Judge Mitchel Neurock’s Memorandum and Recommendation (““M&R”). (D.E. 25). The M&R recommends that the Court dismiss this action without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute or comply with court orders. Jd. at 1--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); Powell v. Litton Loan Servicing, L.P., No. 4:14-CV-02700,

2015 WL 3823141

, at *1 (S.D. Tex. June 18, 2015) (Harmon, J.) (citation omitted). Having carefully 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 MER is not clearly

' Plaintiff's mail was returned as undeliverable. (D.E. 27). This mail was sent to Plaintiff's most up-to-date address. See (D.E. 12} (last notice of address change); (D.E. 27, p. 2) (certified mail receipt listing address where M&R was mailed). Since then, the Court has waited an appropriate amount of time for an updated address. As a party, Plaintiff is required to keep the Court apprised of his current address at all times and has failed to do so.

+74

erroneous or contrary to law, the Court ADOPTS the M&R in its entirety. (D.E. 25). Accordingly, the Court DISMISSES Plaintiff's claims without prejudice for failure to prosecute or comply with court orders. (D.E. 1). A final judgment will issue separately. SO ORDERED. \ | DAVIDS. MORALES UNITED STATES DISTRICT JUDGE

Signed: Corpus Christi, Texas July 3°**, 2025

Reference

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