Opinion
CIVIL ACTION NO. 6:16-CV-55
12-04-2017
JAMES BLAZEK, JR., Plaintiff, v. VICTORIA COUNTY, TEXAS, Defendant.
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
On October 31, 2017, United States Magistrate Judge Jason B. Libby issued his "Memorandum and Recommendation" to dismiss this action for lack of prosecution. D.E. 9. Plaintiff James Blazek, Jr. was provided proper notice and an opportunity to object to the Magistrate Judge's Memorandum and Recommendation. Fed. R. Civ. P. 72(b); 28 U.S.C. § 636(b)(1).
When no timely objection to a magistrate judge's memorandum and recommendation is filed, the district court need only satisfy itself that there is no clear error on the face of the record and accept the magistrate judge's memorandum and recommendation. Guillory v. PPG Industries, Inc., 434 F.3d 303, 308 (5th Cir. 2005) (citing Douglass v. United Services Auto Ass'n, 79 F.3d 1415, 1420 (5th Cir. 1996)).
Plaintiff did not file objections. Plaintiff has filed nothing since September 2016, despite this Court's notice to him of a pleading deficiency in August 2017. D.E. 5 The Court has reviewed the findings of fact and conclusions of law set forth in the Magistrate Judge's Memorandum and Recommendation (D.E. 9), and all other relevant documents in the record, and finding no clear error, the Court ADOPTS as its own the findings and conclusions of the Magistrate Judge. Accordingly, the Court ORDERS that this action be DISMISSED without prejudice. The Clerk shall enter this order and provide a copy to all parties.
It is so ORDERED this 4 day of December, 2017.
/s/_________
HAYDEN HEAD
SENIOR U.S. DISTRICT JUDGE