Opinion
Civil Action 5:22-CV-31
01-25-2023
BRYAN BOONE, TDCJ #1978777, Plaintiff, v. WARDEN MCKEE et al., Defendants.
ORDER
Marina Garcia Marmolejo, United States District Judge
After the Magistrate Judge issued a Report and Recommendation, the document was superseded by an Amended Report and Recommendation on January 3, 2023 (the “Amended Report”) (Dkt. Nos. 9, 13). In the Amended Report, the Magistrate Judge recommends (1) dismissing this case without prejudice for want of prosecution and (2) denying Plaintiff's motion to proceed in forma pauperis as moot (id.). Plaintiff's deadline to object lapsed on January 17, 2023 (id.). To date, the Court has not received any objections or communications from Plaintiff.
The Court notes it has not received any communication from Plaintiff since August 2022 (Dkt. No. 6).
Having reviewed the Amended Report and finding no plain error, the Amended Report (Dkt. No. 13) is hereby ADOPTED. This case is DISMISSED WITHOUT PREJUDICE for want of prosecution. See Fed.R.Civ.P. 41(b). Plaintiff's motion for leave to proceed in forma pauperis (Dkt. No. 2) is DENIED AS MOOT.
The Clerk of Court is DIRECTED to TERMINATE this action.
It is so ORDERED.