Lewis v. Gonzalez

Opinion

Southern District of Texas ENTERED UNITED STATES DISTRICT COURT wt | □□□□□□ Olen SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION JOHN WESLEY LEWIS, § Petitioner, VS. _ CIVIL ACTION NO. 2:19-CV-198 MARK A. GONZALEZ, et al., Respondent. ORDER ADOPTING MEMORANDUM AND RECOMMENDATION Before the Court is Magistrate Judge Janice B. Ellington’s Memorandum and Recommendation (M&R), entered on December 27, 2019. (D.E.9). The M&R recommends that the Court dismiss Lewis’s petition without prejudice for want of prosecution under Federal Rule of Civil Procedure 41(b). 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 memorandum and recommendation is clearly erroneous or contrary to law. United States v. Wilson, 864 F.2d 1219, 1221 (Sth 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 in its 1/2

entirety. (D.E. 9). Accordingly, Lewis’s petition is DISMISSED without prejudice for want of prosecution. SIGNED and ORDERED this _ // 4 of Dp DAVIDSS. MORALES UNITED STATES DISTRICT JUDGE

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