Sanchez v. Vaughn et al
Filing
12
ORDER adopting Report and Recommendations for 10 Report and Recommendations of the United States Magistrate Judge. ORDERED that this case is DISMISSED without prejudice for failure to prosecute. Signed by District Judge Jeremy D. Kernodle on 1/28/2025. (gsm)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TEXAS
TYLER DIVISION
ARMANDO SANCHEZ #83219,
Plaintiff,
v.
CHRIS VAUGHN, et al.,
Defendants.
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Case No. 6:24-cv-340-JDK-KNM
ORDER ADOPTING REPORT AND RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE
Plaintiff Armando Sanchez filed this lawsuit on September 16, 2024. The
case was referred to United States Magistrate Judge K. Nicole Mitchell for findings of
fact, conclusions
providing
an
of
law,
and
recommendations
for
disposition.
After
opportunity for Plaintiff to submit a completed application to
proceed in forma pauperis together with a certified data sheet, the Magistrate
Judge issued a Report recommending that the complaint be dismissed without
prejudice for failure to prosecute
Docket No. 10.
due
to
Plaintiff’s
lack
of
compliance.
No written objections have been filed. The Court mailed the
Report to Plaintiff, return receipt requested, and the Report was returned
undeliverable with the notation “refused.” Docket No. 11.
This Court reviews the findings and conclusions of the Magistrate Judge de
novo only if a party objects within fourteen days of service of the Report and
Recommendation. 28 U.S.C. § 636(b)(1). In conducting a de novo review, the Court
examines the entire record and makes an independent assessment under the law.
1
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superseded on other grounds by statute, 28 U.S.C. § 636(b)(1) (extending the time to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).
Here, no objections were filed.
Magistrate Judge’s
findings
for
clear
The Court therefore reviews the
error
or
abuse
of
discretion
and
reviews her legal conclusions to determine whether they are contrary to law.
See United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989) (holding that, if no
objections to a Magistrate Judge’s Report are filed, the standard of review is “clearly
erroneous, abuse of discretion and contrary to law”).
Having reviewed the Magistrate Judge’s Report and Recommendations, the
Court finds no clear error or abuse of discretion and no conclusions contrary to law.
Accordingly, the Court hereby ADOPTS the Report and Recommendation of the
United States Magistrate Judge (Docket No. 10) as the findings of this Court. It
is therefore ORDERED that this case is DISMISSED without prejudice for failure
to prosecute. Fed. R. Civ. P. 41(b).
So ORDERED and SIGNED this 28th day of January, 2025.
___________________________________
JEREMY D. KERNODLE
UNITED STATES DISTRICT JUDGE
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