Ayres, et al v. US Gypsum Company, et al
Filing
18
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 17 Report and Recommendations. Plaintiffs case is dismissed without prejudice for failure toprosecute pursuant to Fed. R. Civ. P. 41(b). Signed by Judge Michael H. Schneider on 7/12/11. (cm, )
United States District Court
EASTERN DISTRICT OF TEXAS
SHERM AN DIVISION
MARCUS A. AYRES and
JANE AYRES, ET AL.
v.
HONEYWELL INTERNATIONAL, INC.,
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CIVIL ACTION NO. 4:01cv374
(Judge Schneider/Judge Mazzant)
MEMORANDUM ADOPTING REPORT AND
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Came on for consideration the report of the United States Magistrate Judge in this action, this
matter having been heretofore referred to the United States Magistrate Judge pursuant to 28 U.S.C.
§ 636. On June 14, 2011, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that Plaintiffs’case should be dismissed for failure to prosecute
pursuant to Fed. R. Civ. P. 41(b).
Having received the report of the United States Magistrate Judge, and no objections thereto
having been timely filed, this Court is of the opinion that the findings and conclusions of the
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Magistrate Judge are correct and adopts the Magistrate Judge’s report as the findings and conclusions
of the Court.
It is, therefore, ORDERED that Plaintiffs’ case is dismissed without prejudice for failure to
prosecute pursuant to Fed. R. Civ. P. 41(b).
IT IS SO ORDERED.
SIGNED this 12th day of July, 2011.
____________________________________
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE
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