Opinion
Civil Action 4:23-cv-01108
10-11-2023
HAYWOOD MACK ROSS, Plaintiff, v. AVALA HOUSTON CORPORATION, et al, Defendants.
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
Hon. Charles Eskridge United States District Judge
Plaintiff Haywood Mack Ross proceeds here pro se and in forma pauperis. He filed a complaint on March 17, 2023 against Defendant Avala Houston Corporation, et al. Dkt 1.
Pending is a Memorandum and Recommendation by Magistrate Judge Christina A. Bryan dated August 1, 2023, recommending that this case be dismissed without prejudice because Plaintiff hasn't completed service timely, and no defendant has appeared. Dkt 11.
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 11.
This case is DISMISSED WITHOUT PREJUDICE.
A final judgment will issue separately.
SO ORDERED.