Opinion
Civil Action 2:22-CV-00187
12-27-2022
RYANT CONNELLY, Plaintiff, v. NUECES COUNTY DISTRICT ATTORNEYS OFFICE, et al., Defendants.
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
NELVA GONZALES RAMOS UNITED STATES DISTRICT JUDGE
On October 13, 2022, United States Magistrate Judge Jason B. Libby issued a “Memorandum and Recommendation” (M&R, D.E. 31), recommending that this action be dismissed for want of prosecution after Plaintiff failed to timely file a more definite statement of facts to support his otherwise conclusory allegations. Plaintiff was provided proper notice of, and opportunity to object to, the Magistrate Judge's M&R. Fed.R.Civ.P. 72(b); 28 U.S.C. § 636(b)(1); General Order No. 2002-13.
No objections have been timely filed. However, Plaintiff sent the Court a letter (D.E. 33) explaining that he believed he had timely sent a more definite statement of facts to the Court, he hoped the Court could find a copy of the statement, and he has had difficulty prosecuting his case because of delays in the mail and his transfer among detention facilities. He has indicated a desire to prosecute this case and has asked to be supplied a new copy of the Order for More Definite Statement (D.E. 8) so that he may again file his responsive statement.
When no timely objection to a magistrate judge's M&R 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 M&R. Guillory v. PPG Indus., Inc., 434 F.3d 303, 308 (5th Cir. 2005) (citing Douglass v. United Servs. 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. 31), 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 Magistrate Judge. Accordingly, this action is DISMISSED WITHOUT PREJUDICE.
Final judgment will be withheld for thirty (30) days to give Plaintiff an opportunity to file a motion to reinstate, together with his more definite statement. Toward that end, the Court ORDERS the Clerk of Court to send a copy of the Order for More Definite Statement (D.E. 8) to Plaintiff along with this Order.