Robinson v. Raintree Tower Apts, et al
ORDER ADOPTING REPORT AND RECOMMENDATION OF U. S. MAGISTRATE JUDGE. Robinson's complaint is dismissed without prejudice, in accordance with Rule 41(b) of the Federal Rules of Civil Procedure. The Clerk of Court is directed to close this case. Signed by Judge Marcia A. Crone on 6/18/17. (mrp, )
UNITED STATES DISTRICT COURT
RAINTREE TOWER APARTMENTS,
EASTERN DISTRICT OF TEXAS
CIVIL ACTION NO. 1:16-cv-500
ORDER ADOPTING REPORT AND RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE
The court has received and considered the report and recommendation (Doc. No. 22) of
the magistrate judge, which recommends that the court dismiss Plaintiff Wingrove Robinson’s
complaint for failure to prosecute and failure to comply with a court order. Specifically,
Robinson failed to conduct the mandatory Rule 26(f) attorney conference with opposing counsel,
and did not appear before the magistrate judge for a case management conference, as ordered.
The court has reviewed Robinson’s “Motion for Reconsideration for Non-Dispositive
Matters” (Doc. No. 24). Because Robinson is proceeding pro se, the court liberally construes
the motion as an objection to the magistrate judge’s report and recommendation. The court finds
that Robinson’s objections do not address either basis for dismissal—failure to prosecute or failure
to comply with a court order—and accordingly concludes that his objections are without merit.
The court’s own de novo review of the report and recommendation finds that the magistrate
judge’s conclusion is correct.
It is, therefore, ORDERED that the magistrate judge’s report and recommendation (Doc.
No. 22) is ADOPTED. Robinson’s complaint is DISMISSED without prejudice, in accordance
with Rule 41(b) of the Federal Rules of Civil Procedure. The Clerk of Court is directed to close
this case. .
SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Beaumont, Texas, this 18th day of June, 2017.
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE
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