Haynes v. Turner Bass & Associates et al

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 12 Report and Recommendations. The court accepts its findings and recommendation. This action is dismissed without prejudice. Signed by District Judge J. Campbell Barker on 10/19/20. (mll, )

No. 6:20-cv-00192
Cathy Haynes,
Plaintiff,
v.
Turner Bass & Associates, et al.,
Defendants.
ORDER
On October 18, 2019, plaintiff Cathy Haynes filed this action in the Sherman Division of this court. See Doc. 1. On April
9, 2020, the case was transferred to the Tyler Division, where
it was referred to United States Magistrate Judge K. Nicole
Mitchell pursuant to 28 U.S.C. § 636. Docs. 9, 10.
Plaintiff’s last contact with the court occurred on December 9, 2019. See Doc. 8. Mail sent to plaintiff from the court was
returned as undeliverable on June 4, 2020. Doc. 11. On September 10, 2020, Judge Mitchell issued a report and recommendation that the complaint be dismissed without prejudice
for failure to prosecute. Doc. 12. Her report acknowledged
that “[t]he case cannot proceed if the Court cannot communicate with Plaintiff.” Id. The report was mailed to plaintiff’s last
known address by regular and certified mail, and it was received at that address on September 14, 2020. Doc. 13. No
written objections to the report have been filed.
If no party objects to a magistrate judge’s report and recommendation within 14 days of service, the court “need only
satisfy itself that there is no clear error on the face of the record.” Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415, 1420
(5th Cir. 1996) (en banc) (cleaned up).
Having reviewed the magistrate judge’s report, and being
satisfied that it contains no clear error, the court accepts its

findings and recommendation. This action is dismissed without prejudice.
So ordered by the court on October 19, 2020.

J. C AMPBELL B ARKER
United States District Judge

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