Opinion
MISCELLANEOUS ACTION NO. 7:07-MC-22
09-25-2018
CARLOS JAIME TORRES CARDENAS v. JEFFERSON SESSIONS, Attorney General of the United States of America, et al
ORDER ADOPTING REPORT AND RECOMMENDATION
Pending before the Court is Movant's motion pursuant to 28 U.S.C. § 2241, which had been referred to the Magistrate Court for a report and recommendation. On June 15, 2018, the Magistrate Court issued the Report and Recommendation, recommending that Movant's § 2241 motion be DISMISSED without prejudice for want of prosecution.
Pursuant to Federal Rule of Civil Procedure 72(b), the Court has reviewed the Report and Recommendation for clear error. Finding no clear error, the Court adopts the Report and Recommendation in its entirety. Accordingly, Movant's § 2241 motion is DISMISSED without prejudice.
"The advisory committee's note to Rule 72(b) states that, '[w]hen no timely objection is filed, the [district] court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.' " Douglas v. United States Service Auto. Ass'n, 79 F.3d 1415, 1420 (5th Cir. 1996) (quoting Fed. R. Civ. P. 72(b) advisory committee's note (1983)) superseded by statute on other grounds by 28 U.S.C. § 636(b)(1), as stated in ACS Recovery Servs., Inc. v. Griffin, No. 11-40446, 2012 WL 1071216, at *7 n.5 (5th Cir. Apr. 2, 2012). --------
SO ORDERED this 25th day of September, 2018, at McAllen, Texas.
/s/_________
Randy Crane
United States District Judge