Opinion
Civil Action 1:22-CV-00588-MJT-ZJH
09-19-2023
ORDER ADOPTING REPORT AND RECOMMENDATION
MICHAEL J. TRUNCALE, UNITED STATES DISTRICT JUDGE.
On April 26, 2023, the Court referred this case to United States Magistrate Judge Zack Hawthorn for pretrial management. [Dkt. 5]. On June 28, 2023, Judge Hawthorn issued an Order to Conduct directing the parties to conduct a Rule 26(f) conference. [Dkt. 7]. On August 18, 2023, Judge Hawthorn issued a Report and Recommendation [Dkt. 12] recommending dismissal of Plaintiff Phyllis June Burris' complaint for failure to comply with the court's scheduled deadlines set forth in its previous Order to Conduct [Dkt. 7]. The parties have not filed objections to the Report and Recommendation, and the time for doing so has passed. See 28 U.S.C. § 636(b)(1)(C).
The Court received and considered the Report and Recommendation of the United States Magistrate Judge pursuant to such referral, along with the record, pleadings, and all available evidence. Proper notice was given to Plaintiff at her last known address. See FED. R. CIV. P. 5(b)(2)(C). After careful review, the Court finds that the findings of fact and conclusions of law of the United States Magistrate Judge are correct.
It is therefore ORDERED that Judge Hawthorn's Report and Recommendation dismissing Plaintiff Phyllis June Burris' complaint [Dkt. 1] is ADOPTED. Burris' complaint [Dkt. 1] is therefore DISMISSED WITHOUT PREJUDICE. The Court will issue a Final Judgment separately.