Walker v. Ford

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS LUBBOCK DIVISION MARLON FRANKLIN WALKER, Plaintiff, Vv. No. 5:22-CV-203-H-BQ JASON FORD, et al., Defendants. ORDER ACCEPTING THE FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE MAGISTRATE JUDGE United States Magistrate Judge D. Gordan Bryant made Findings, Conclusions, and a Recommendation (FCR) in this case on November 16, 2022. Dkt. No. 6. Judge Bryant recommends that the Court dismiss Marlon Franklin Walker’s complaint without prejudice for lack of subject matter jurisdiction or, alternatively, under Federal Rule of Civil Procedure 41(b) for failure to prosecute. Jd. at 8. No objections to Judge Bryant’s FCR

were filed. Therefore, the Court has reviewed the proposed FCR for plain error. U.S. ex rel. Steury v. Cardinal Health, Inc., 735 F.3d 202, 205 n.2 (5th Cir. 2013) (“[P]lain error review applies when a party did not object to a magistrate judge’s findings of fact, conclusions of law, or recommendation to the district court, so long as the party was served with notice of the consequences of failing to object.”) (citing Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415, 1428-29 (5th Cir. 1996) (en banc), superseded on other grounds by 28 U.S.C. § 636(b)(1)). Finding no error, plain or otherwise, the Court accepts and adopts the FCR of the United States Magistrate Judge. Accordingly, the Court dismisses Walker’s complaint without prejudice for lack of subject matter and for failure to prosecute.

So ordered on September 92023;

JAME3 WESLEY HENDRIX UNIYED STATES DISTRICT JUDGE