Miller v. Access MHMR
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
HOBERT STANLEY MILLER
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
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
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