Brian Keith Lindsay v. Judge Kerry Russell, et al.

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 THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Plaintiff Brian Keith Lindsay filed this lawsuit seeking relief pursuant to 42 U.S.C. § 1983. The case was referred to United States Magistrate Judge K. Nicole Mitchell for findings of fact, conclusions of law, and recommendations for disposition.

Judge Mitchell issued a Report recommending that the claims against Defendant Treina Mortell be dismissed without prejudice for failure to prosecute. Docket No. 31.

Where a party timely objects to the Report and Recommendation, the Court reviews the objected-to findings and conclusions of the Magistrate Judge de novo. 28 U.S.C. § 636(b)(1). In conducting a de novo review, the Court examines the entire record and makes an independent assessment under the law. Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc), superseded on other grounds by statute, 28 U.S.C. § 636(b)(1) (extending the time to file objections from ten to fourteen days).

Here, no objections were filed. The Court therefore reviews the Magistrate Judge’s findings for clear error or abuse of discretion and reviews her legal conclusions to determine whether they are contrary to law. See United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989), cert. denied, 492 U.S. 918 (1989) (holding that, if no objections to a Magistrate Judge’s Report are filed, the standard of review is “clearly erroneous, abuse of discretion and contrary to law’).

Having reviewed the Magistrate Judge’s Report and Recommendations, the Court finds no clear error or abuse of discretion and no conclusions contrary to law.

Accordingly, the Court hereby ADOPTS the Report and Recommendation of the United States Magistrate Judge (Docket No. 31) as the findings of this Court. It is therefore ORDERED that the claims against Defendant Treina Mortell are DISMISSED without prejudice for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b).

So ORDERED and SIGNED this 16th day of February, 2026.

JHREMYD. KERN DLE UNITED STATES DISTRICT JUDGE