Masitta v. Labor Max Staffing

Filing 21

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 19 Memorandum and Recommendations, granting 18 MOTION to Dismiss For Want of Prosecution (Signed by Judge Nelva Gonzales Ramos) Parties notified.(lcayce, 2)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
WYCLIFFE M. MASITTA,
Plaintiff,
VS.
LABOR MAX STAFFING,
Defendant.

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§ CIVIL ACTION NO. 2:14-CV-00354
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ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
On July 31, 2015, United States Magistrate Judge Jason B. Libby issued his
“Memorandum and Recommendation” (D.E. 19) recommending that Defendant’s Motion
to Dismiss for Want of Prosecution (D.E. 18) be granted. The parties were provided
proper notice of, and opportunity to object to, the Magistrate Judge’s Memorandum and
Recommendation. FED. R. CIV. P. 72(b); 28 U.S.C. § 636(b)(1); General Order No.
2002-13. No objections have been filed.
When no timely objection to a magistrate judge’s memorandum and
recommendation is filed, the district court need only satisfy itself that there is no clear
error on the face of the record and accept the magistrate judge’s memorandum and
recommendation. Guillory v. PPG Industries, Inc., 434 F.3d 303, 308 (5th Cir. 2005)
(citing Douglass v. United Services Auto Ass’n, 79 F.3d 1415, 1420 (5th Cir. 1996)).
Having reviewed the findings of fact and conclusions of law set forth in the
Magistrate Judge’s Memorandum and Recommendation (D.E. 19), and all other relevant
documents in the record, and finding no clear error, the Court ADOPTS as its own the
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findings and conclusions of the Magistrate Judge. Accordingly, the Defendant’s Motion
to Dismiss for Want of Prosecution (D.E. 18) is GRANTED and this action is
DISMISSED WITHOUT PREJUDICE.
ORDERED this 4th day of September, 2015.

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NELVA GONZALES RAMOS
UNITED STATES DISTRICT JUDGE

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