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Rose v. Belcher
6:18-cv-00355
| E.D. Tex. | Jan 31, 2019
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Case Information

*1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION

ED ROSE, §

§ § CIVIL ACTION NO. 6:18-CV-00355-TH

Plaintiff, § § v. § §

STACEY BELCHER, BELINDA § MEHARI, NANCY DAVENPORT, § MATTIE LOCKE, FNU SCHRIEBER, § SHENESHA CARTER,

Defendants.

ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

Plaintiff Ed Rose initiated this civil action on July 19, 2018. The case was referred to United States Magistrate Judge John D. Love, who issued a Report and Recommendation recommending that the case be dismissed without prejudice for failure to obey a court order and failure to prosecute. (Docket No. 8.) On October 25, 2018 Plaintiff received a copy of the Magistrate Judge’s Report and Recommendation. Docket No. 9. Plaintiff later also filed a letter with the Court acknowledging personal receipt of such. Docket No. 10. The Report and Recommendation informed Plaintiff of his rights to object to the Report and Recommendation within 14 days, and further informed him that a failure to timely object shall bar “that party from de novo review by the district judge of those findings, conclusions and recommendations and, except on grounds of plain error, from appellate review of unobjected-to factual findings and legal conclusions accepted and adopted by the district court.” Docket No. 8 at 3(citing Douglass v. United States Auto. Ass’n , 79 F.3d 1415, 1430 (5th Cir. 1996)). Since the service of the

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Report and Recommendation on October 25, 2018, Plaintiff has not filed objections and the prescribed time period for doing so has passed.

Having reviewed the findings and conclusions of the Magistrate Judge, the Court agrees with the Magistrate Judge. Therefore, the Court hereby adopts the findings and conclusions of the Magistrate Judge as the findings and conclusions of the Court. It is accordingly ORDERED that the complaint is hereby DISMISSED WITHOUT PREJUDICE .

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Case Details

Case Name: Rose v. Belcher
Court Name: District Court, E.D. Texas
Date Published: Jan 31, 2019
Docket Number: 6:18-cv-00355
Court Abbreviation: E.D. Tex.
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