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)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
WALTER WARD,
Plaintiff,
v.
CONCENTRA and CONCENTRA
CORPORATE OFFICE,
Defendants.

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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.
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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

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