Opinion
Civil Action 2:22-CV-00050
07-29-2022
DANA WAHLQUIST, Plaintiff, v. MCCONNELL UNIT, Defendant.
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. 18). The M&R recommends that the Court dismiss without prejudice Plaintiff's amended complaint (D.E. 17) pursuant to Federal Rule of Civil Procedure 41(b). (D.E. 18).
Plaintiff timely filed what appears as, and what the Court liberally construes as, objections to the M&R. (D.E. 19). When a party objects to the findings and recommendations of a magistrate judge, the district judge “shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1)(C); see also FED. R. CIV. P. 72(B)(3) (“The District Judge Must Determine de novo any part of the magistrate judge's disposition that has been properly objected to.”).
Having carefully reviewed the proposed findings and conclusions of the M&R, the record, the applicable law, and having made a de novo disposition of the portions of the M&R to which Plaintiffs objections were directed, 28 U.S.C. § 636(b)(1), the Court OVERRULES Plaintiffs objections. (D.E. 19). Accordingly:
(1) The Court ADOPTS the M&R in its entirety. (D.E. 18).
(2) Plaintiffs case is DISMISSED without prejudice pursuant to Rule 41(b) for failure to comply with court orders. See FED. R. CIV. P. 41(B).
(3) The Clerk of Court is DIRECTED to CLOSE this case.
SO ORDERED.