Phillips v. Gorsuch et al

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Magistrate Judge's Report 9 is ADOPTED and the above-styled civil action is DISMISSED WITHOUT PREJUDICE for want of prosecution and failure to obey an order of the court. Signed by District Judge Jeremy D. Kernodle on 09/21/20. (mll, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION

JONATHAN PHILLIPS, #01930385

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VS.

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KEITH GORSUCH, ET AL.

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CIVIL ACTION NO. 6:20cv362

ORDER ADOPTING REPORT AND RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE
This action was referred to United States Magistrate Judge John D. Love pursuant to 28
U.S.C. § 636. On August 24, 2020, the Magistrate Judge issued a Report and Recommendation
(Docket No. 9), recommending that the action be dismissed without prejudice for want of
prosecution and failure to obey an order of the court.
The Court reviews objected-to portions of the Magistrate Judge’s Report and
Recommendation de novo. See FED. R. CIV. P. 72 and 28 U.S.C. § 636(b)(1) (“A judge of the
court shall make a de novo determination of those portions of the report or specified proposed
findings and recommendations to which objection is made.”). The Court conducting a de novo
review examines the entire record and makes an independent assessment under the law. Douglass
v. United Servs. Auto. Ass’n, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc), superseded on other
grounds by statute, 28 U.S.C. § 636(b)(1) (extending the time to file objections from ten to fourteen
days).
Having reviewed Plaintiff’s objections de novo, the Court concludes that the objections are
without merit and that the findings and conclusions of the Magistrate Judge are correct.
Accordingly, it is hereby ORDERED that the Magistrate Judge’s Report (Docket No. 9) be

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ADOPTED and that the above-styled civil action be DISMISSED WITHOUT PREJUDICE for
want of prosecution and failure to obey an order of the court.
So ORDERED and SIGNED this 21st day of September, 2020.

___________________________________
JEREMY D. KERNODLE
UNITED STATES DISTRICT JUDGE

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