Mark Thompson v. Silver Springs Apartment

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS AUSTIN DIVISION MARK THOMPSON, § § Plaintiff, § § v. § CIVIL NO. 1:25-CV-1224-ADA-ML § SILVER SPRINGS APARTMENT, § § Defendant. § § § § § § ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Before the Court is the Report and Recommendation of United States Magistrate Judge Mark Lane. ECF No. 4. The report recommends that Plaintiff’s complaint be dismissed without prejudice due to a failure to properly allege jurisdiction. The report and recommendation was filed on September 25, 2025. A party may file specific, written objections to the proposed findings and recommendations of the magistrate judge within fourteen days after being served with a copy of the report and rec- ommendation, thereby securing de novo review by the district court. 28 U.S.C. § 636(b); Fed. R. Civ. P. 72(b). A district court need not consider “[f]rivolous, conclusive, or general objections.” Battle v. U.S. Parole Comm’n, 834 F.2d 419, 421 (5th Cir. 1987) (quoting Nettles v. Wainwright, 677 F.2d 404, 410 n.8 (5th Cir. 1982) (en banc), overruled on other grounds by Douglass v. United States Auto. Ass’n, 79 F.3d 1415 (5th Cir. 1996)). Plaintiff Thompson filed objections on August 29, 2024. ECF Nos. 6 and 7. The Court has conducted a de novo review of Plaintiff's the motion to proceed in forma pauperis, the complaint, the report and recommendation, the objection to the report and recommendation, and the applicable laws. After that thorough review, the Court is persuaded that the Magistrate Judge’s findings and recommendation should be adopted. IT IS THEREFORE ORDERED that the Report and Recommendation of United States Magistrate Judge Mark Lane (ECF No. 4) is ADOPTED. IT IS FURTHER ORDERED that Plaintiffs objections are OVERRULED. IT IS FURTHER ORDERED that Plaintiff's complaint be dismissed without prejudice.

SIGNED this 9th day of October, 2025. a / st / \ ALAN D ALBRIGHT UNITED STATES DISTRICT JUDG