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Rush v. Winston County Sheriff Department

United States District Court, Fifth Circuit

January 2, 2014

FREDERICK RUSH
v.
WINSTON COUNTY SHERIFF DEPARTMENT, et al.

ORDER ADOPTING REPORT AND RECOMMENDATION

GLEN H. DAVIDSON, District Judge.

Upon consideration of the file and records in this case, the Court finds that the Report and Recommendation [11] of the United States Magistrate Judge dated December 9, 2013 was on that date duly served upon Plaintiff's counsel and Defendant's counsel of record, that more than fourteen (14) days have elapsed since service of said Report and Recommendation [11], and that no objection thereto has been filed or served by any party. The Court is of the opinion that the Magistrate Judge's Report and Recommendation [11] should be approved and adopted as the opinion of the Court.

It is therefore ORDERED:

1. That the Report and Recommendation [11] of the United States Magistrate Judge dated December 9, 2013 is hereby approved and adopted as the opinion of the Court; and
2. That the Plaintiffs lawsuit is DISMISSED WITHOUT PREJUDICE for his failure to prosecute under Rule 42(b) of the Federal Rules of Civil Procedure, specifically, for his failure to appear before the Magistrate Judge for a hearing as set forth in Spears v. McCotter, 766 F.2d 179 (5th Cir. 1985), despite his acknowledged receipt of the Order setting same.

SO ORDERED.


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