Summary
The United States District Court for the Eastern District of Texas adopts the magistrate judge’s report and recommendation. The court dismisses all pending claims without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute because no objections were filed.
Holdings
- When no objections are filed, the district court reviews the magistrate judge's factual findings for clear error or abuse of discretion and reviews legal conclusions to determine whether they are contrary to law.
- The court adopted the magistrate judge's recommendation and dismissed all pending claims without prejudice for failure to prosecute.
Questions Presented
- What standard of review applies when no party objects to a magistrate judge's report and recommendation?
- Whether the magistrate judge's recommendation to dismiss the action without prejudice for failure to prosecute should be adopted under Federal Rule of Civil Procedure 41(b).
Disposition
dismissed
Cases Cited (2)
- Douglass v. United Services Automobile Association, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc)(followed)
- United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989), cert. denied, 492 U.S. 918 (1989)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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