Summary
The United States District Court for the Eastern District of Texas adopts a magistrate judge’s Report and Recommendation recommending dismissal of the plaintiff’s complaint without prejudice. The dismissal is based on failure to prosecute under Federal Rule of Civil Procedure 41(b), after the plaintiff failed to pay the filing fee or respond to court orders and the Report and Recommendation was returned as undeliverable.
Topics
Practice areas
Questions Presented
- Whether the district court should adopt the magistrate judge’s report and dismiss the complaint for failure to prosecute under Rule 41(b).
Holdings
- The court adopts the magistrate judge’s report and dismisses the complaint without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b).
Key quotations
“Accordingly, the Court hereby ADOPTS the Report and Recommendation of the United States Magistrate Judge (Docket No. 13) as the findings of this Court. It is therefore ORDERED that this case is DISMISSED without prejudice.” (end)
Factual background
Plaintiff filed a complaint to retrieve her children and overturn state court filings but failed to pay the filing fee or proceed in forma pauperis and did not respond to the magistrate's orders.
Procedural history
Plaintiff filed suit seeking return of her children and revocation of state court filings. The court referred the case to a magistrate judge under 28 U.S.C. §636. The magistrate issued a report recommending dismissal for failure to prosecute. No objections were filed, and the district court adopted the report and dismissed the case.