Epley v. Gonzalez et al

Filing 131

Order Adopting Findings and Recommendations re: 129 Findings and Recommendations. The Court DENIES TDCJ 126 Motion to Dismiss Under Rule 41(b) for failure to prosecute; GRANTS TDCJ's Motion for Extension of Time to File Dispositive Mot ions and set the DEADLINE for any said dispositive motion as fourteen (14) days from the date of this Order. The civil action will be transferred back to the docket of the United Slates Magistrate Judge by separate Order of even date. (Ordered by Senior Judge Sam R Cummings on 10/25/2023) (bdg)

Case 5:18-cv-00142-BQ Document 131 Filed 10/25/23

Page 1 of 2 PageID 3045

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
LUBBOCK DIVISION

CHARLES EPLEY,

)
)

Plaintifl,

MARCO GONZALEZ,
Sergeanl dt Montford, et al.,
Defendants.

)
)
)
)
)
)
)
)

Civil Action No. 5:18-CV-0142-C

ORDEI{
Before the Court are the Findings, Conclusions, and Recommendation of the United
States Magistrate Judge, filed September 26,2023, recommending that the Court: (1) deny

TDCJ"s Motion to Dismiss Under Rule 4l(b) lor failure to prosecute; (2) grant TDCJ's Motion

for Extension of Time to File Dispositive Motions; and (3) set the deadline for any said
dispositive motions as fourteen (14) days from the date of this Order. Plaintiff failed to timely

file objections to the Magistrate Judge's Recommendations
The Cou( conducts ade novo review ofthose portions of the Magistrate Judge's repot or
specified proposed findings or recommendations to which a timely objection is made. 28 U.S.C
S

636(bXl)(C). Portions ofthe report or proposed findings or recommendations that are not the

subject of a timely objection will be accepted by the Court unless they are clearly erroneous or
contrary to law. See United States v. Ililson,864 F.2d 1219,1221 (5th Cir. 1989).
The Court has conducted an independent review of the Magistrate Judge's findings and
conclusions and finds no error. It is therefore ORDERED that the Findings, Conclusions, and

Case 5:18-cv-00142-BQ Document 131 Filed 10/25/23

Page 2 of 2 PageID 3046

Recommendation are hereby ADOPTED as the findings and conclusions of the Court. For the
reasons stated therein, the Court:

(l) DENIES

TDCJ"s Motion to Dismiss Under Rule 4l(b) for

failure to prosecute; (2) GRANTS TDCJ's Motion for Extension of Time to File Dispositive
Motions; and (3) set the DEADLINE for any said dispositive motions as fourteen (14) days from
the date of this Order.
The above-styled and -numbered civil action will be transferred back to the docket of the

United Slates Magistrate Judge by apeparate Order of even date.
SO ORDERED

this

nrt
l5 day olOctober.2023.

w

)

GS

R.

OR

,d

FTI]

STATES

I

2

CT JUDGE