Ward v. Concentra et al

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Court ORDERS that the report and recommendation of the United States Magistrate Judge, (Dkt. 7 ), is ADOPTED. Plaintiff's complaint, (Dkt. 1 ), is DISMISSED WITHOUT PREJUDICE. Signed by Judge Robert Pitman. (pg)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION WALTER WARD, Plaintiff, v. CONCENTRA and CONCENTRA CORPORATE OFFICE, Defendants. § § § § § § § § § § 1:23-CV-1512-DII ORDER Before the Court is the report and recommendation from United States Magistrate Judge Mark Lane concerning Plaintiff Walter Ward’s (“Plaintiff”) complaint pursuant to 28 U.S.C. § 1915(e). (R. & R., Dkt. 7). Pursuant to 28 U.S.C. § 636(b) and Rule 1(d) of Appendix C of the Local Rules of the United States District Court for the Western District of Texas, Judge Lane issued his report and recommendation on March 18, 2024. (Id.). As of the date of this order, Plaintiff has not filed objections to the report and recommendation. Pursuant to 28 U.S.C. § 636(b), a party may serve and file specific, written objections to a magistrate judge’s proposed findings and recommendations within fourteen days after being served with a copy of the report and recommendation and, in doing so, secure de novo review by the district court. When no objections are timely filed, a district court can review the magistrate’s report and recommendation for clear error. See Fed. R. Civ. P. 72 advisory committee’s note (“When no timely objection is filed, the [district] court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.”). Because Plaintiff has not filed timely objections, the Court reviews the report and recommendation for clear error. Having done so and finding no clear error, the Court accepts and adopts the report and recommendation as its own order. 1 Accordingly, the Court ORDERS that the report and recommendation of the United States Magistrate Judge, (Dkt. 7), is ADOPTED. Plaintiff’s complaint, (Dkt. 1), is DISMISSED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that the Clerk’s Office mail a copy of this Order to Plaintiff via certified mail at the following address: 2601 North Austin Avenue #12108, Georgetown, TX 78626. The Court will enter final judgment by separate order. SIGNED on June 3, 2024. ROBERT PITMAN UNITED STATES DISTRICT JUDGE 2

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