Jones

Filing 5

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 4 Memorandum and Recommendations. This appeal is DISMISSED. (Signed by Judge Charles Eskridge) Parties notified. (jmg4)

United States District Court
Southern District of Texas

ENTERED
June 05, 2024
Nathan Ochsner, Clerk

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

IN RE KARL JONES
DEBTOR

§ CIVIL ACTION NO
§ 4:23-cv-04805
§
§
§ JUDGE CHARLES ESKRIDGE
§
§
§
§
§

ORDER ADOPTING
MEMORANDUM AND RECOMMENDATION
Appellant Karl Jones, proceeding pro se, filed a Notice
of Appeal from the December 19, 2023 Order Granting
Relief from Automatic Stay entered in Bankruptcy Case
23-33203. Dkt 1. The matter was referred for disposition
to Magistrate Judge Christina A. Bryan. Dkt 3.
Pending is a Memorandum and Recommendation by
Magistrate Judge Christina A. Bryan dated April 22, 2024.
Dkt 4. She recommends that this appeal be dismissed for
want of prosecution because Appellant did not pay the
filing fee and did not take any steps to proceed with the
appeal. The underlying bankruptcy case was dismissed
with prejudice on March 1, 2024. See Bankruptcy Case No
23-33203, Dkt 63.
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 7.
This appeal is DISMISSED.
SO ORDERED.
Signed on June 5, 2024, at Houston, Texas.
___________________________
Hon. Charles Eskridge
United States District Judge

2