Yuan v. Mayorka et al

Filing 9

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 8 The Memorandum and Recommendation of the Magistrate Judge is ADOPTED as the Memorandum and Order of this Court. Dkt 8.This case is DISMISSED WITHOUT PREJUDICE.(Signed by Judge Charles Eskridge) Parties notified.(ShannonHolden, 4)

United States District Court
Southern District of Texas

ENTERED
February 07, 2024
Nathan Ochsner, Clerk

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
XU YUAN,

§ CIVIL ACTION NO
Plaintiff,
§ 4:23-cv-02841
§
§
vs.
§ JUDGE CHARLES ESKRIDGE
§
§
ALEJANDRO
§
MAYORKAS, et al,
§
Defendants. §
ORDER ADOPTING
MEMORANDUM AND RECOMMENDATION
Plaintiff Xu Yuan proceeds here pro se. On August 2,
2023, he filed a Complaint seeking a Writ of Mandamus
ordering United States Citizenship and Immigration
Services to process his I-589 Application of Asylum and for
Withholding of Removal. Dkt. 1.
The matter was referred for disposition to Magistrate
Judge Christina A. Bryan. Dkt 4. Pending is a
Memorandum and Recommendation dated January 5,
2024. Dkt 8. The Magistrate Judge recommends that this
case be dismissed without prejudice for want of prosecution
because—despite being informed of his responsibility to
effect service and being ordered to file proof of service with
the Court—Plaintiff hasn’t done so.
The district court reviews de novo those conclusions of
a magistrate judge to which a party has specifically
objected. See FRCP 72(b)(3) & 28 USC § 636(b)(1)(C); see
also United States v Wilson, 864 F2d 1219, 1221 (5th Cir
1989, per curiam). The district court may accept any other
portions to which there’s no objection if satisfied that no
clear error appears on the face of the record. See Guillory v
PPG Industries Inc, 434 F3d 303, 308 (5th Cir 2005), citing

Douglass v United Services Automobile Association, 79 F3d
1415, 1430 (5th Cir 1996, en banc); see also FRCP 72(b)
advisory committee note (1983).
None of the parties filed objections. No clear error
otherwise appears upon review and consideration of the
Memorandum and Recommendation, the record, and the
applicable law.
The Memorandum and Recommendation of the
Magistrate Judge is ADOPTED as the Memorandum and
Order of this Court. Dkt 8.
This case is DISMISSED WITHOUT PREJUDICE. SO
ORDERED.
Signed on February 7, 2024, at Houston, Texas.
___________________________
Hon. Charles Eskridge
United States District Judge

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