Johnson v. Regency Nursing and Rehabilitation Centers, Inc

Filing 17

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that the court dismiss this action sua sponte without prejudice for want of prosecution. It is further ordered that the reference to the magistrate judge is vacated. Signed by Judge Ron Clark on 8/12/10. (mrp, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION SANDRA JOHNSON V. REGENCY NURSING AND REHABILITATION CENTERS, INC. Case No. 1:09-CV-1004 ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION The court referred this matter to the Honorable Earl S. Hines, United States magistrate judge, for pretrial proceedings pursuant to a referral order entered on December 11, 2009. The court has received and considered the report of the United States magistrate judge, who recommends that the court dismiss this action sua sponte without prejudice for want of prosecution, including a failure to notify the court of a change of address, failure to submit a joint conference report under Federal Rule of Civil Procedure 26(f) and this court's Order Governing Proceedings, and failure to appear for a scheduling conference. On June 25, 2010, the Clerk of Court sent plaintiff a copy of the report of the United States Magistrate Judge which was returned undelivered as unclaimed, providing further support that plaintiff will not pursue this action in a compliant and expeditious manner. The magistrate judge's report is hereby ADOPTED. The purpose of the referral having been served, it is further ORDERED that the reference to the magistrate judge is VACATED. So ORDERED and SIGNED this 12 day of August, 2010. ___________________________________ Ron Clark, United States District Judge

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