Opinion
1:23-CV-137-SA-DAS
03-12-2024
HOMER LEE RYLAND, JR. PLAINTIFF v. REGIONS BANK, et al. DEFENDANTS
ORDER ADOPTING REPORT AND RECOMMENDATION
SHARION AYCOCK UNITED STATES DISTRICT JUDGE
On October 16, 2023, Ryland filed his Complaint [1], along with a Motion to Proceed In Forma Pauperis [2], Magistrate Judge Sanders set a Spears hearing for February 22, 2024. Although a copy of the notice of hearing was mailed to Ryland at the address listed on the docket, he did not appear for the hearing. See [8]. Therefore, on February 26, 2024, Magistrate Judge Sanders entered a Report and Recommendation [9], recommending that Ryland's case be dismissed for failure to prosecute.
Despite being given an opportunity to object to the dismissal recommendation, Ryland has not done so, and his deadline to do so has now passed.
“With respect to those portions of the report and recommendation to which no objections were raised, the Court need only satisfy itself that there is no plain error on the face of the record.” Gauthier v. Union Pac. R.R. Co., 644 F.Supp.2d 824, 828 (E.D. Tex. 2009) (citing Douglass v. United Servs. Auto. Ass'n, 79 F.3d 1415, 1428-29 (5th Cir. 1996)).
The Court has reviewed the Report and Recommendation [9] and the record as a whole. Having done so, the Court agrees with the recommendation. It is ADOPTED IN FULL. The Complaint [1] is hereby DISMISSED without prejudice. This CASE is CLOSED.
SO ORDERED.