Ortiz v. Adams et al

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATION OF U. S. MAGISTRATE JUDGE that the complaint be dismissed without prejudice. Signed by District Judge Ron Clark on 2/2/19. (mrp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
JUAN ORTIZ,
Plaintiff,
v.
CHARLES
ADAMS,
DEBORAH
KENDAL, NURSE SUTTON,

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CIVIL ACTION NO. 6:17-CV-00598-RC

Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE
Plaintiff Juan Ortiz initiated this civil action on June 5, 2017. The case was referred to
United States Magistrate Judge John D. Love, who issued a Report and Recommendation
recommending that the case be dismissed without prejudice for failure to obey a court order and
failure to prosecute. (Doc. No. 11.) On October 2, 2018 Plaintiff received a copy of the
Magistrate Judge’s Report and Recommendation. Docket No. 12.

The Report and

Recommendation informed Plaintiff of his rights to object to the Report and Recommendation
within 14 days, and further informed him that a failure to timely object shall bar “the objecting
party from appealing the factual findings and legal conclusions of the Magistrate Judge that are
accepted and adopted by the district court except upon grounds of plain error.” Docket No. 11 at
3 (citing Douglass v. United States Auto. Ass’n, 79 F.3d 1415, 1430 (5th Cir. 1996)). Since the
service of the Report and Recommendation on October 2, 2018, Plaintiff has not filed objections
and the prescribed time period for doing so has passed.

Having reviewed the findings and conclusions of the Magistrate Judge, the Court agrees
with the Magistrate Judge. Therefore, the Court hereby adopts the findings and conclusions of
the Magistrate Judge as the findings and conclusions of the Court. It is accordingly ORDERED
that the complaint is hereby DISMISSED WITHOUT PREJUDICE.

So ORDERED and SIGNED February 2, 2019.

____________________________
Ron Clark, Senior District Judge