Marston v. Jime Wells County Jail

Filing 10

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 9 Memorandum and Recommendations (Signed by Judge Hilda G Tagle) Parties notified.(lcayce, 2)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION

United States District Court
Southern District of Texas

ENTERED
December 16, 2016

JERAME DEE MARSTON,
Plaintiff,
VS.
JIM WELLS COUNTY JAIL,
Respondent.

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David J. Bradley, Clerk

CIVIL NO. 2:16-CV-152

ORDER
Plaintiff Jerame Dee Marston (“Marston”) filed his initial 42 U.S.C. § 1983
complaint against the Jim Wells County Jail on May 12, 2016. Dkt. No. 1. On May
27, 2016, he was granted leave to proceed in forma pauperis and granted 30 days to
amend his deficient complaint, which did not properly name a person subject to suit
under § 1983. Marston failed to timely amend his complaint, and subsequently
failed to show cause why this action should not be dismissed without prejudice for
failure to prosecute. Dkt. No. 9.
The Court has before it now Marston’s complaint, Dkt. No. 1, and the
Memorandum and Recommendations of the magistrate judge to whom this case was
referred pursuant to 28 U.S.C. § 636(b), Dkt. No. 3 (“M&R”). The deadline to file
objections to the magistrate judge’s proposed findings and recommendations has
passed, and the docket sheet shows that no objections have been filed. See 28 U.S.C.
§ 636(b)(1) (setting 14-day deadline to file objections); Fed. R. Civ. P. 72(b)(2)
(same); see also M&R at 3 (advising parties of 14-day deadline).
After independently reviewing the record and considering the applicable law,
the Court adopts the magistrate judge’s proposed findings and recommendations,
and DISMISSES Marston’s lawsuit without prejudice. The Clerk shall close this
case after entering the accompanying judgment.
It is so ORDERED.
SIGNED this 16th day of December, 2016.
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Hilda Tagle
Senior United States District Judge