Walston v. American Dust Control et al

Filing 24

ORDER ADOPTING 23 REPORT AND RECOMMENDATIONS of the Magistrate Judge. Signed by Judge T. John Ward on April 20, 2010. (rml, )

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IN THE UNITED STATES DISTRICT COURT OF THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION MORGYN WALSTON, Individually and as Temporary Administrator of the Estate of Carson Wayne Johnson, deceased Plaintiff V. AMERICAN DUST CONTROL, INC., ET AL. Defendants No. 5:09CV56 MEMORANDUM ORDER The above-entitled and numbered civil action was heretofore referred to United States Magistrate Judge Caroline M. Craven pursuant to 28 U.S.C. 636. The Report of the Magistrate Judge which contains her proposed findings of fact and recommendations for the disposition of such action has been presented for consideration. No objections to the Report and Recommendation were filed. The Court is of the opinion that the findings and conclusions of the Magistrate Judge are correct. Therefore, the Court hereby adopts the Report of the United States Magistrate Judge as the findings and conclusions of this Court. Accordingly, it is hereby ORDERED that Plaintiff's above-entitled and numbered cause of action is DISMISSED WITHOUT PREJUDICE for failure to show cause and for failure to prosecute. SIGNED this 20th day of April, 2010. __________________________________________ T. JOHN WARD UNITED STATES DISTRICT JUDGE

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