Edward Deshan Smith v. Nueces County Jail, et al.

Southern District of Texas ENTERED April 22, 2026 UNITED STATES DISTRICT COURT Nathan Ochsner, Clerk SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION EDWARD DESHAN SMITH, § § Plaintiff, § V. CIVIL ACTION NO. 2:25-CV-00288 NUECES COUNTY JAIL, ef al., Defendants. ; ORDER ADOPTING MEMORANDUM & RECOMMENDATION Before the Court is Magistrate Judge Julie K. Hampton’s Memorandum and Recommendation (“M&R”). (D.E. 22). The M&R recommends that the Court dismiss Plaintiff s complaint for failure to prosecute. Jd. at 3.

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 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. 22). Accordingly, the Court DISMISSES Plaintiffs complaint for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). (D.E. 1). The Court will enter final judgment separately.

1/2 SO ORDERED.

DAVID ES UNITED STATES DISTRICT JUDGE Signed: Corpus Christi, Texas April 22096 2/2