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Lensey v. Lumpkin

United States District Court, Northern District of Texas
Aug 31, 2023
2:22-CV-119-Z-BR (N.D. Tex. Aug. 31, 2023)

Opinion

2:22-CV-119-Z-BR

08-31-2023

ISAAC C. LENSEY, Plaintiff, v. BOBBY LUMPKIN, et al., Defendants.


FINDINGS, CONCLUSIONS, AND RECOMMENDATION TO DISMISS

LEE ANN RENO, UNITED STATES MAGISTRATE JUDGE

Plaintiff, Isaac C. Lensey, filed a complaint naming as Defendants state employees at his unit of incarceration and the Director of TDCJ-CID. By Order dated July 12, 2023, Plaintiff was directed to show cause on or before August 4, 2023 as to why he had not undertaken efforts to identify and serve several Defendants. (ECF 21). Plaintiff has not responded to the Order. Accordingly, dismissal is appropriate.

RECOMMENDATION

As discussed in the Order to Show Cause, (ECF 21), Plaintiff has failed to effectuate service on three Defendants. Because he has failed to respond to the Order, it is the RECOMMENDATION of the United States Magistrate Judge to the United States District Judge that the claims of Plaintiff be DISMISSED FOR WANT OF PROSECUTION.

INSTRUCTIONS FOR SERVICE

The United States District Clerk is directed to send a copy of this Findings, Conclusion and Recommendation to each party by the most efficient means available.

IT IS SO RECOMMENDED.

* NOTICE OF RIGHT TO OBJECT *

Any party may object to these proposed findings, conclusions and recommendation. In the event parties wish to object, they are hereby NOTIFIED that the deadline for filing objections is fourteen (14) days from the date of filing as indicated by the “entered” date directly above the signature line. Service is complete upon mailing, Fed.R.Civ.P. 5(b)(2)(C), or transmission by electronic means, Fed.R.Civ.P. 5(b)(2)(E). Any objections must be filed on or before the fourteenth (14th) day after this recommendation is filed as indicated by the “entered” date. See 28 U.S.C. § 636(b); Fed.R.Civ.P. 72(b)(2); see also Fed.R.Civ.P. 6(d).

Any such objections shall be made in a written pleading entitled “Objections to the Findings, Conclusions and Recommendation.” Objecting parties shall file the written objections with the United States District Clerk and serve a copy of such objections on all other parties. A party's failure to timely file written objections shall bar an aggrieved party, except upon grounds of plain error, from attacking on appeal the unobjected-to proposed factual findings, legal conclusions, and recommendation set forth by the Magistrate Judge and accepted by the district court. See Douglass v. United Services Auto. Ass'n, 79 F.3d 1415, 1428-29 (5th Cir. 1996) (en banc), superseded by statute on other grounds, 28 U.S.C. § 636(b)(1), as recognized in ACS Recovery Servs., Inc. v. Griffin, 676 F.3d 512, 521 n.5 (5th Cir. 2012); Rodriguez v. Bowen, 857 F.2d 275, 276-77 (5th Cir. 1988).


Summaries of

Lensey v. Lumpkin

United States District Court, Northern District of Texas
Aug 31, 2023
2:22-CV-119-Z-BR (N.D. Tex. Aug. 31, 2023)
Case details for

Lensey v. Lumpkin

Case Details

Full title:ISAAC C. LENSEY, Plaintiff, v. BOBBY LUMPKIN, et al., Defendants.

Court:United States District Court, Northern District of Texas

Date published: Aug 31, 2023

Citations

2:22-CV-119-Z-BR (N.D. Tex. Aug. 31, 2023)