Sias v. Jacobs et al

Filing 176

ORDER ACCEPTING REPORT AND RECOMMENDATIONS for 174 Report and Recommendations. The complaint is dismissed without prejudice for want of prosecution. Signed by District Judge J. Campbell Barker on 6/10/2022. (ndc)

Case 6:17-cv-00413-JCB-JDL Document 176 Filed 06/10/22 Page 1 of 2 PageID #: 1412

No. 6:17-cv-00413
Donald Sias,
Plaintiff,
v.
Georgette Jacobs et al.,
Defendants.
ORDER
On July 13, 2017, plaintiff Donald Sias, proceeding pro se and in
forma pauperis, filed this civil-rights lawsuit pursuant to 42 U.S.C.
§ 1983. The case was referred to United States Magistrate Judge
John D. Love pursuant to 28 U.S.C. § 636(b). Doc. 3.
On April 5, 2019, the magistrate judge closed this case for administrative and statistical purposes until such time as plaintiff’s interlocutory appeal challenging the denial of his motion for summary
judgment had been resolved. Doc. 165. On April 8, 2019, plaintiff
filed a second interlocutory appeal. Doc. 166. On June 13, 2019,
plaintiff’s interlocutory appeals were dismissed for lack of jurisdiction and for want of prosecution. Doc. 172. Neither party filed a motion to reopen the case.
On May 12, 2022, the magistrate judge reopened the case and
returned it to the open docket. Doc. 173. On that same date, the magistrate judge entered a report recommending that plaintiff’s case be
dismissed without prejudice for want of prosecution. Doc. 174. No
objections have been filed.
When no party objects to the magistrate judge’s report and recommendation, the court reviews it only for clear error. See Douglass
v. United Servs. Auto. Ass’n, 79 F.3d 1415, 1420 (5th Cir. 1996). Having reviewed the magistrate judge’s report and being satisfied that
the report contains no clear error, the court accepts the findings and
conclusions of the report. Accordingly, the complaint is dismissed
without prejudice for want of prosecution.

Case 6:17-cv-00413-JCB-JDL Document 176 Filed 06/10/22 Page 2 of 2 PageID #: 1413

So ordered by the court on June 10, 2022.

J. C AMPBELL B ARKER
United States District Judge

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