Polendo v. Nueces County Sheriff's Office

Opinion

Southern District of Texas UNITED STATES DISTRICT COURT ENTERED SOUTHERN DISTRICT OF TEXAS October 08, 2025 CORPUS CHRISTI DIVISION Nathan Ochsner, Clerk JAKE-SEAN POLENDO, § § Plaintiff, § § V. § CIVIL ACTION NO. 2:25-CV-138 § NUECES COUNTY SHERIFF’S OFFICE, et § al., § § Defendants. ORDER ADOPTING MEMORANDUM AND RECOMMENDATION Before the Court is Magistrate Judge Mitchell Neurock’s Memorandum and Recommendation (M&R). (D.E. 11). The M&R recommends that the Court dismiss this action for want of prosecution. /d. at 1. 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. Cv. 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 M&R is clearly erroneous or contrary to law. United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989) (per curiam); Powell v. Litton Loan Servicing, L.P., No. 4:14-CV-02700, 2015 WL 3823141, at *1 (S.D. Tex. June 18, 2015) (Harmon, J.) (citation omitted). 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

' Plaintiff's mail was returned as undeliverable. Since then, the Court has waited an appropriate amount of time for an updated address. As a party, Plaintiff is required to keep the Court apprised of his current address at all times and has failed to do so. LOCAL RULE 83.4; see also Martinez-Reyes v. United States, No. 7:12- CR-1787-1, 2016 WL 8740494, at *4 (S.D. Tex. Oct. 10, 2016) (Ormsby, Mag. J.) (collecting cases), adopted, No. CR M-12-1787-1, 2017 WL 1409315 (S.D. Tex. Apr. 20, 2017) (Crane, C.J.).

erroneous or contrary to law, the Court ADOPTS the M&R in its entirety. (D.E. 11). Accordingly, the action is DISMISSED without prejudice for want of prosecution. $0 ORDERED, C LW DA . MORALES UNITED STATES DISTRICT JUDGE

Signed: Corpus Christi, Texas October2*—, 2025