Regalado v. Read et al

Filing 11

ORDER ADOPTING REPORT AND RECOMMENDATIONS. It is ORDERED that the complaint is DISMISSED without prejudice for failure to prosecute. Signed by Judge Robert W. Schroeder, III on 07/24/17. (mll, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
JOHN ALFRED REGALADO,
Plaintiff,
v.
IAN READ, ET AL.,
Defendants.

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CIVIL ACTION NO. 6:17-CV-00257-RWS

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. 9), filed on June 12, 2017,

recommends that the Complaint be dismissed without prejudice for failure to prosecute. FED R.
CIV. P. 41(b). The Court sent the Report and Recommendation to Plaintiff via certified mail at
his last known address. It was returned with the notations “moved” and “return to sender not
deliverable as addressed unable to forward.” Plaintiff is a pro se litigant, and under the local Rules
of the Eastern District of Texas, pro se litigants must provide the Court with a physical address
and are “responsible for keeping the clerk advised in writing of the current physical address.”
Local Rule CV-11(d). To date, Plaintiff has not updated his address with the Court.
Plaintiff did not file objections to the Report and Recommendation; therefore, this Court
reviews the Report and Recommendation for clear error. Fed. R. Civ. P. 72(a); see also Rodriguez
v. Bowen, 857 F.2d 275, 276–77 (5th Cir. 1988). Upon review of the Magistrate Judge’s finding,
this Court finds that the findings and conclusions of the Magistrate Judge are correct. The Court

agrees with the Magistrate Judge that each of Plaintiff’s claims should be dismissed without
prejudice for failure to prosecute. 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 for failure to prosecute. FED R. CIV. P. 41(b).
SIGNED this 24th day of July, 2017.

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ROBERT W. SCHROEDER III
UNITED STATES DISTRICT JUDGE

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