Fulmer-Stewart v. Hemisfair Park

FILED July 08, 2025 CLERK, U.S. DISTRICT COURT UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS WESTERN DISTRICT OF TEXAS BY: NM SAN ANTONIO DIVISION DEPUTY TAMARA KAY FULMER-STEWART, § Plaintiff, : v. : CIVIL NO. SA-25-CV-00412-OLG HEMISFAIR PARK and HEMISFAIR : PARK AND HPARC, Admin. Offices, § Defendants. : ORDER ADOPTING REPORT AND RECOMMENDATION The Court has considered United States Magistrate Judge Elizabeth S$. Chestney’s Report and Recommendation (R&R), filed June 16, 2025, concerning the dismissal of Plaintiff’s claims for failure to prosecute and failure to follow a court order. (See R&R, Dkt. No. 13).

Any party who desires to object to a Magistrate Judge’s findings and recommendations must serve and file specific written objections within fourteen (14) days after being served with a copy of the findings and recommendations. FED. R. Civ. P. 72(b)(2). A copy of the R&R was mailed to Plaintiff via certified mail on June 16, 2025. (See Dkt. No. 14). Based on the record, Plaintiff received a copy of the R&R. (See Dkt. No. 16). To date, no objections have been filed, and the time to do so has passed.

Because no party has objected to the Magistrate Judge’s findings or recommendations, the Court reviews the R&R for clear error. See United States v. Wilson, 864 F.2d 1219, 1221 (Sth Cir. 1989); of. 28 U.S.C. § 636(b)(1) (“A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which an objection is made.”). After such review, the Court finds that the R&R is neither clearly erroneous nor contrary to law.

The Court therefore ADOPTS the Magistrate Judge’s R&R (Dkt. No. 13) as the opinion of the Court pursuant to 28 U.S.C. § 636(b)(1) and DISMISSES this case for failure to prosecute and failure to follow a court order. See FED. R. CIV. P. 41(b). All pending motions in this case are DENIED as moot.

This case is CLOSED.

It is so ORDERED.

SIGNED this G day of July, 2025.

Men Vy ORLANDO L. GARCIA United States District Judge