Opinion
Civil Action 1:21-CV-171-SA-DAS
08-03-2022
TEWENIA CHANEL HARRIS PLAINTIFF v. AT&T CORPORATE OFFICE, et al. DEFENDANTS
ORDER
SHARION AYCOCK UNITED STATES DISTRICT JUDGE
The Court has considered the file and records in this action and finds that the Report and Recommendation [8] of the United States Magistrate Judge dated January 26, 2022 should be adopted and this action dismissed for failure to prosecute and failure to obey the orders of the court.
The plaintiff in this action is proceeding pro se and has been granted leave to proceed in forma pauperis. On December 28, 2021, this court set a Spears hearing to be held on January 24, 2022, for the purpose of screening this pro se action. See Spears v. McCotter, 766 F.2d 179 (5th Cir. 1985). The plaintiff failed to appear for that hearing.
On January 26, 2022, the Magistrate Judge entered his Report and Recommendation [8], recommending that the action be dismissed due to Harris' failure to appear. On February 14, 2022, the plaintiff filed an untimely Objection [9] to the Report and Recommendation [8]. The untimely Objection [9] stated that she was attempting to retain counsel, apparently by contacting out-of state legal services programs. She said she contacted the Court on February 9, 2022, to see if an attorney had filed anything. She said she needed another court date.
In response to the untimely Objection [9], the Court-out of an abundance of caution and in recognition of the plaintiff's pro se status-reset the Spears hearing on May 2, 2022, to be held on July 18, 2022. See [10]. The plaintiff again failed to appear. See [11]. The record shows no contact from the plaintiff since the filing of the untimely Objection [9] on February 14, 2022. She has manifested an intent to abandon this action and failed to prosecute the same. She has also failed to obey the order of the Court by her failure to appear at the duly noticed hearing.
The Court is of the opinion that the Report and Recommendation [8] should be approved and adopted as the opinion of the Court. Therefore, the Report and Recommendation [8] is ADOPTED IN FULL. The plaintiff's claims are hereby dismissed. This CASE is CLOSED.
SO ORDERED.