Regalado v. Nelson et al

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Report and Recommendation is ADOPTED, and all of Plaintiff's claims are DISMISSED WITH PREJUDICE. Signed by Judge Robert W. Schroeder, III on 12/27/16. (mll, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
JOHN ALFRED REGALADO
Plaintiff,

v.
MIKE NELSON, SR. ET AL.
Defendants.

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CIVIL ACTION NO. 6:16-CV-264

ORDER ADOPTING REPORT AND RECOMMENDATION OF
UNITED STATES MAGISTRATE JUDGE
Before the Court is Plaintiff John Alfred Regalado’s (“Plaintiff”) Complaint filed on
March 30, 2016. (Docket No. 2). On September 1, 2016, Magistrate Judge John D. Love issued
an Order for Plaintiff to file an Amended Complaint within thirty (30) days from receipt of the
Order. (Docket No. 8). On September 26, 2016, the Magistrate Judge’s Order was returned to
sender as undeliverable. (Docket No. 10). On October 19, 2016, the Magistrate Judge issued a
Report and Recommendation that the above-captioned matter be dismissed for Plaintiff’s failure
(1) to follow the local rules and prosecute his case and (2) to plead facts plausibly invoking the
Court’s jurisdiction. (Docket No. 11). To date, the Court has not received an acknowledgment of
receipt from Plaintiff with respect to the Report and Recommendation. The Magistrate Judge’s
original Order was returned to sender, and over 30 days have passed since the Magistrate Judge
issued his Report and Recommendation. Further, the Court agrees that Plaintiff has failed to plead
any facts plausibly invoking grounds for the Court’s jurisdiction and notes the the Magistrate
Judge’s findings regarding Plaintiff’s history of failing to update his mailing address in other
matters. Accordingly, the Court finds that it is appropriate to ADOPT the Magistrate Judge’s
Report and Recommendation.

For the reasons stated above and in the Report and Recommendation, all of
Plaintiff’s claims are DISMISSED WITH PREJUDICE.
So ORDERED and SIGNED this 27th day of December, 2016.

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ROBERT W. SCHROEDER III
UNITED STATES DISTRICT JUDGE

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