Opinion
1:23-CV-01411-RP
07-16-2024
YVETTE LOPEZ, Plaintiff v. UNITED STATES POSTAL SERVICE, Defendant
HONORABLE ROBERT PITMAN UNITED STATES DISTRICT JUDGE
REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
DUSTIN M. HOWELL UNITED STATES MAGISTRATE JUDGE
By the Court's order dated June 6, 2024, Plaintiff Yvette Lopez was ordered to provide a More Definite Statement further outlining her FTCA and civil-rights claims by July 7, 2024. Dkt. 8. That order was mailed to Lopez. Dkt. 9. Lopez's deadline of July 7 has now elapsed, and Lopez has failed to provide a more definite statement. Further, the order that was mailed to Lopez was returned as undeliverable on June 25, 2024. Dkt. 10. Accordingly, the undersigned recommends that Lopez's cause of action be dismissed without prejudice.
I. RECOMMENDATION
In accordance with the foregoing discussion, the undersigned RECOMMENDS that the District Court DISMISS WITHOUT PREJUDICE Lopez's cause of action.
II. WARNINGS
The parties may file objections to this Report and Recommendation. A party filing objections must specifically identify those findings or recommendations to which objections are being made. The District Court need not consider frivolous, conclusive, or general objections. See Battle v. United States Parole Comm'n, 834 F.2d 419, 421 (5th Cir. 1987). A party's failure to file written objections to the proposed findings and recommendations contained in this Report within fourteen days after the party is served with a copy of the Report shall bar that party from de novo review by the District Court of the proposed findings and recommendations in the Report and, except upon grounds of plain error, shall bar the party from appellate review of unobjected-to proposed factual findings and legal conclusions accepted by the District Court. See 28 U.S.C. § 636(b)(1)(C); Thomas v. Arn, 474 U.S. 140, 150-53 (1985); Douglass v. United Servs. Auto. Ass'n, 79 F.3d 1415, 1428-29 (5th Cir. 1996) (en banc).