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Dewalt v. Tex. Dep't of Family Protective Servs.

United States District Court, Southern District of Texas
Aug 25, 2023
Civil Action 4:23-cv-00778 (S.D. Tex. Aug. 25, 2023)

Opinion

Civil Action 4:23-cv-00778

08-25-2023

CARLA DEWALT, Plaintiff, v. TEXAS DEPARTMENT OF FAMILY PROTECTIVE SERVICES, Defendant.


ORDER ADOPTING MEMORANDUM AND RECOMMENDATION

CHARLES ESKRIDGE JUDGE

Plaintiff Carla Dewalt proceeds here pro se and in forma pauperis. She brought claims for employment discrimination against Defendant Texas Department of Family Protective Services. Dkt 1.

Pending is a Memorandum and Recommendation by Magistrate Judge Christina A. Bryan dated July 17, 2023. Dkt 10. She recommends that this case be dismissed without prejudice for want of prosecution because Plaintiff has taken no steps to ensure that service has been completed or to request any relief from the court. Ibid.

The district court reviews de novo those conclusions of a magistrate judge to which a party has specifically objected. See FRCP 72(b)(3) & 28 USC § 636(b)(1)(C); see also United States v Wilson, 864 F.2d 1219, 1221 (5th Cir 1989, per curiam). The district court may accept any other portions to which there's no objection if satisfied that no clear error appears on the face of the record. See Guillory v PPG Industries Inc, 434 F.3d 303, 308 (5th Cir 2005), citing Douglass v United Services Automobile Association, 79 F.3d 1415, 1430 (5th Cir 1996, en banc); see also FRCP 72(b) advisory committee note (1983).

None of the parties filed objections. No clear error otherwise appears upon review and consideration of the Memorandum and Recommendation, the record, and the applicable law.

The Memorandum and Recommendation of the Magistrate Judge is ADOPTED as the Memorandum and Order of this Court. Dkt 10.

This case is DISMISSED WITHOUT PREJUDICE.

SO ORDERED.


Summaries of

Dewalt v. Tex. Dep't of Family Protective Servs.

United States District Court, Southern District of Texas
Aug 25, 2023
Civil Action 4:23-cv-00778 (S.D. Tex. Aug. 25, 2023)
Case details for

Dewalt v. Tex. Dep't of Family Protective Servs.

Case Details

Full title:CARLA DEWALT, Plaintiff, v. TEXAS DEPARTMENT OF FAMILY PROTECTIVE…

Court:United States District Court, Southern District of Texas

Date published: Aug 25, 2023

Citations

Civil Action 4:23-cv-00778 (S.D. Tex. Aug. 25, 2023)