Opinion
Civil Action 2:22-CV-00297
01-10-2023
CORPUS CHF DEREK D. SMITH, Plaintiff, v. CORPUS CHRISTI POLICE DEPARTMENT, et al., Defendants.
ORDER ADOPTING MEMORANDUM & RECOMMENDATION
DAVID S. MORALES, UNITED STATES DISTRICT JUDGE
Before the Court is Magistrate Judge Julie Hampton's Memorandum and Recommendation (“M&R”). (D.E. 3). The M&R recommends that the Court DISMISS Plaintiff Derek Smith's complaint for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B)(ii) or, alternatively, that the Court order Plaintiff to file an amended complaint. (D.E. 3, p. 1).
The parties were provided proper notice of, and the opportunity to object to, the Magistrate Judge's M&R. See 28 U.S.C. § 636(b)(1); FED. R. CIV. P. 72(b); General Order No. 2002-13. No objection has been filed. When no timely objection has been filed, the district court need only determine whether the Magistrate Judge's M&R is clearly erroneous or contrary to law. United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989) (per curiam); Powell v. Litton Loan Servicing, LP,No. CIV. A. H-14-2700, 2015 WL 3823141, at *1 (S.D. Tex. June 18, 2015).
Having carefully reviewed the proposed findings and conclusions of the Magistrate Judge, the filings of the parties, the record, and the applicable law, and finding that the M&R is not clearly erroneous or contrary to law, the Court ADOPTS the M&R's recommendation that the Court order Plaintiff to file an amended complaint. (D.E. 3, p. 1). Accordingly, the Court ORDERS Plaintiff to file an amended complaint, addressing the deficiencies stated in the M&R, by February 10, 2023. Plaintiffs failure to file an amended complaint by the date stated may result in Plaintiffs suit being dismissed for failure to prosecute and/or comply with a court order. See FED. R. CIV. P. 41(b).
SO ORDERED.