Austin v. Tate County Clerk

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Signed by Senior Judge Michael P. Mills on 10/23/2024. (lgm)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI OXFORD DIVISION LOUIS L. AUSTIN V. PLAINTIFF CIVIL ACTION NO.: 3:24-cv-25-MPM-JMV TATE COUNTY CLERK My Trust for J.F. Watson for Louis Austin DEFENDANT ORDER ADOPTING REPORT AND RECOMMENDATION On consideration of the record of this action, the court finds that the Report and Recommendation [8] of the United States Magistrate Judge dated August 13, 2024, recommended dismissal of this action pursuant to Federal Rules of Civil Procedure 12(h)(3) and 41(b); that more than fourteen days have elapsed since service of said Report and Recommendation; and that no objection thereto has been filed or served by any party. The court is of the opinion that the magistrate judge's Report and Recommendation should be approved and adopted as the opinion of the court. It is, therefore, ORDERED: 1. That the Report and Recommendation of the United States Magistrate Judge dated August 13, 2024, is hereby approved and adopted as the opinion of the court; 2. That this case be DISMISSED, pursuant to Fed. R. Civ. P. 12(h)(3) and Fed. R. Civ. P. 41(b) for failure to timely prosecute Defendant Tate Country Clerk; and 3. That this case is hereby CLOSED. THIS, the 23rd day of October, 2024. /s/ Michael P. Mills UNITED STATES DISTRICT JUDGE NORTHERN DISTRICT OF MISSISSIPPI

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