Opinion
Civil Action 2:21-CV-103
08-02-2021
TOMMY ALLEN O'NEAL, Petitioner, v. BOBBY LUMPKIN, Respondent.
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION TO DISMISS CASE FOR FAILURE TO PROSECUTE
NELVA GONZALES RAMOS UNITED STATES DISTRICT JUDGE
On July 1, 2021, United States Magistrate Judge Jason B. Libby issued his “Memorandum and Recommendation to Dismiss Case for Failure to Prosecute” (M&R, D.E. 10). Petitioner was provided proper notice of, and opportunity to object to, the M&R. FED. R. CIV. P. 72(b); 28 U.S.C. § 636(b)(1); General Order No. 2002-13. Petitioner acknowledged receipt of the M&R on July 7, 2021. D.E. 11. However, no objections have been timely filed.
When no timely objection to a magistrate judge's memorandum and recommendation is filed, the district court need only satisfy itself that there is no clear error on the face of the record and accept the magistrate judge's memorandum and recommendation. Guillory v. PPG Industries, Inc., 434 F.3d 303, 308 (5th Cir. 2005) (citing Douglass v. United Services Auto Ass'n, 79 F.3d 1415, 1420 (5th Cir. 1996)).
Having reviewed the findings of fact and conclusions of law set forth in the Magistrate Judge's M&R (D.E. 10), and all other relevant documents in the record, and finding no clear error, the Court ADOPTS as its own the findings and conclusions of the 1 /2 Magistrate Judge. Accordingly, this action is DISMISSED WITHOUT PREJUDICE for failure to prosecute.