Sendejar v. Christus Spohn Hospital System Corp.

Filing 11

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 9 First MOTION to Dismiss and granting 9 Defendant's Motion to Dismiss (Signed by Judge Nelva Gonzales Ramos) Parties notified.(sylopez, 2)

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United States District Court Southern District of Texas ENTERED UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION September 01, 2017 David J. Bradley, Clerk JUAN SENDEJAR, § § Plaintiff, § VS. § CIVIL ACTION NO. 2:17-CV-00201 § CHRISTUS SPOHN HOSPITAL SYSTEM § CORP.; dba CHRISTUS SPOHN § HOSPITAL SOUTH, § § Defendants. § ORDER ADOPTING MEMORANDUM AND RECOMMENDATION TO DISMISS CASE FOR FAILURE TO PROSECUTE On August 16, 2017, United States Magistrate Judge Jason B. Libby issued his “Memorandum and Recommendation to Dismiss Case for Failure to Prosecute” (D.E. 10). 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. 10), and all other relevant documents in the record, and finding no clear error, the Court ADOPTS as its own the 1/2 findings and conclusions of the Magistrate Judge. Accordingly, Defendant’s Motion to Dismiss (D.E. 9) is GRANTED and this action is DISMISSED WITHOUT PREJUDICE. ORDERED this 1st day of September, 2017. ___________________________________ NELVA GONZALES RAMOS UNITED STATES DISTRICT JUDGE 2/2

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