Bolden v. Henry et al

Filing 47

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 45 Report and Recommendations. The above-styled civil action is DISMISSED WITHOUT PREJUDICE for failure to prosecute. Signed by Judge Robert W. Schroeder, III on 8/23/2017. (slo, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION
TITO T BOLDEN,
Plaintiff,
v.
RICKY HENRY ET AL.,
Defendants.

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CIVIL ACTION NO. 5:16-CV-00096-RWS

ORDER ADOPTING REPORT AND RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE
The Plaintiff Tito Bolden, proceeding pro se, filed this civil rights lawsuit under 42 U.S.C.
§1983 complaining of alleged violations of his constitutional rights in the Texas Department of
Criminal Justice, Correctional Institutions Division. The Court referred this matter to the
Honorable Caroline M. Craven, United States Magistrate Judge, for consideration pursuant to 28
U.S.C. §636(b)(1) and (3) and the Amended Order for the Adoption of Local Rules for the
Assignment of Duties to United States Magistrate Judges.
In February of 2017, the Plaintiff’s stepmother contacted the Court to state Plaintiff had
passed away. See Docket No. 45. The stepmother advised the clerk that the family was in the
process of hiring an attorney to proceed with the case. Since that time, there has been no further
contact from Plaintiff’s family and no action taken on the case.
On July 26, 2017, the Magistrate Judge issued a Report recommending the lawsuit be
dismissed without prejudice for failure to prosecute (Docket No. 45). No objections have been
filed. Accordingly, the Court reviews the Magistrate Judge’s Report and Recommendation for
clear error. See United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989); 28 U.S.C. §

636(b)(1); Fed. R. Civ. P. 72(b)(3). After reviewing the Report and pleadings in this matter, the
Court concludes that the Magistrate Judge did not clearly err in finding that Plaintiff’s estate has
had ample time in which pursue the case and that the interest of justice are best served by a
.
dismissal of this lawsuit without prejudice.
According, the Court ADOPTS the Report of the Magistrate Judge (Docket No. 45) as the
opinion of the Court. It is further
ORDERED the above-styled civil action is DISMISSED WITHOUT PREJUDICE for
failure to prosecute. Finally, it is
ORDERED any and all motions which may be pending in this civil action are hereby
DENIED.
SIGNED this 23rd day of August, 2017.

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ROBERT W. SCHROEDER III
UNITED STATES DISTRICT JUDGE

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