Mallett v. Nestle Waters North America

Filing 6

ORDER ADOPTING 5 Report and Recommendations. The complaint is DISMISSED without prejudice for failure to prosecute. Any motion not previously ruled on is DENIED. Signed by Judge Michael H. Schneider on 01/15/13. cc:pltf 1-15-13(mll, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION

MELVIN J. MALLETT, JR.

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v.

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NESTLE WATERS NORTH AMERICA

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CIVIL ACTION NO. 6:12CV679

ORDER ADOPTING REPORT AND
RECOMMENDATION OF UNITED STATES
MAGISTRATE JUDGE
The Report and Recommendation of the Magistrate Judge, which contain her findings,
conclusions, and recommendation for the disposition of this case has been presented for
consideration. The Report and Recommendation (document #5) recommends that the complaint be
dismissed without prejudice pursuant to Fed.R.Civ.P. 41(b) for failure to prosecute. No written
objections have been filed. The Report and Recommendation was mailed to Plaintiff via both
regular and certified mail. The certified mail receipt reveals that delivery was attempted on
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December 12, 2012, and Plaintiff has not claimed his certified mail. The Court therefore adopts the
findings and conclusions of the Magistrate Judge as those of the Court.
In light of the foregoing, it is
ORDERED that the complaint is DISMISSED without prejudice pursuant to Fed.R.Civ.P.
41(b) for failure to prosecute. Any motion not previously ruled on is DENIED.
It is SO ORDERED.

SIGNED this 15th day of January, 2013.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE