IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION

BRIAN KEITH LINDSAY, § § Plaintiff, § § v. § Case No. 6:25-cv-124-JDK-KNM § JUDGE KERRY RUSSELL, et al., § § Defendants. §

ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE This case was referred to United States Magistrate Judge K. Nicole Mitchell pursuant to

. On September 12, 2025, the Magistrate Judge issued a Report and Recommendation, recommending that the claims against Officer Gaona be dismissed without prejudice for failure to prosecute pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. Docket No. 19. No written objections have been filed. This Court reviews the findings and conclusions of the Magistrate Judge de novo only if a party objects within fourteen days of service of the Report and Recommendation.

(b)(1). The parties did not object in the prescribed period. The Court therefore reviews the Magistrate Judge’s findings for clear error or abuse of discretion and reviews the legal conclusions to determine whether they are contrary to law. United States v. Wilson,

(5th Cir. 1989), cert. denied,

(1989) (holding that the standard of review is “clearly erroneous, abuse of discretion and contrary to law” if no objections to a Magistrate Judge’s Report are filed). Having reviewed the Magistrate Judge’s Report and the record in this case,

the Court finds no clear error or abuse of discretion and no conclusions contrary to law. Accordingly, it is hereby ORDERED that the Magistrate Judge’s Report and Recommendation (Docket No. 19) is ADOPTED. The claims against Officer Gaona are DISMISSED without prejudice.