Miller v. Access MHMR

Filing 31

ORDER ADOPTING 29 REPORT AND RECOMMENDATIONS. The Court therefore ADOPTS the findings and conclusions of the Magistrate Judge as those of the Court. It is therefore ORDERED that the complaint is DISMISSED without prejudice for failure to prosecute. FED. R. CIV. P. 41(b). Signed by Magistrate Judge K. Nicole Mitchell on 2/14/2018. (rlf)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION HOBERT STANLEY MILLER v. ACCESS MHMR § § § § § § § § CIVIL ACTION NO. 6:16-cv-1331 ORDER ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE The Report and Recommendation of the Magistrate Judge, which contains her findings, conclusions, and recommendation for the disposition of the complaint has been presented for consideration. The Report and Recommendation (Docket No. 29), filed on November 30, 2017, recommends that the complaint be dismissed without prejudice for failure to prosecute. FED. R. CIV. P. 41(b). The Report and Recommendation recommends dismissal for failure to prosecute as a result of Plaintiff’s failure to appear at a scheduled hearing and his failure to respond to a Show Cause Order. Docket No. 29 at 1. The Court mailed the Report and Recommendation to Plaintiff via regular and certified mail. The copy sent via certified mail was returned to the Court on February 12, 2018 with the notation “unclaimed.” Docket No. 30. The copy sent via regular mail was not returned. Plaintiff did not claim certified mail from the Court, and no written objections to the Report and Recommendation have been filed. prosecute his case. Plaintiff failed to The Court therefore ADOPTS the findings and conclusions of the Magistrate Judge as those of the Court. It is therefore ORDERED that the complaint is DISMISSED without prejudice for failure to prosecute. FED. R. CIV. P. 41(b). SIGNED this 14th day of February, 2018. ____________________________________ ROBERT W. SCHROEDER III UNITED STATES DISTRICT JUDGE Page 2 of 2

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