Opinion
CIVIL SA-22-CV-00504-OLG
01-03-2024
JUANITA NOELLA BENAVIDEZ, Plaintiff, v. TINDALL CORPORATION, Defendant.
ORDER ON REPORT AND RECOMMENDATION
ORLANDO L. GARCIA, UNITED STATES DISTRICT JUDGE
The Court has considered United States Magistrate Judge Richard B. Farrer's Report and Recommendation (R&R), filed December 11, 2023, concerning Defendant's Motion to Dismiss for Failure to Prosecute and Comply with Court Orders. (See R&R, Dkt. No. 30.)
Any party who desires to object to a Magistrate Judge's findings and recommendations must serve and file specific written objections within fourteen days after being served with a copy of the findings and recommendations. FED. R. CIV. P. 72(b)(2). Plaintiff, through counsel, was electronically served with a copy of the R&R on December 11, 2023, and the time to object has passed.
Accordingly, because no party has objected to the Magistrate Judge's findings or recommendations, the Court reviews the R&R for clear error. See United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989); cf. 28 U.S.C. § 636(b)(1) (“A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which an objection is made.”) After such review, the Court finds that the R&R is in all things correct and should be accepted.
Accordingly, the Court ACCEPTS the Magistrate Judge's R&R (Dkt. No. 30) and, for the reasons set forth therein, Defendant's Motion to Dismiss for Failure to Prosecute and Comply with Court Orders (Dkt. No. 24) is Granted and Plaintiff's claims are Dismissed with prejudice.
This case is CLOSED.
It is so Ordered.