Lindsay v. Russell et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
BRIAN KEITH LINDSAY,
Plaintiff,
v.
JUDGE KERRY RUSSELL, et al.,
Defendants.
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Case No. 6:25-cv-124-JDK-KNM
ORDER ADOPTING THE REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
Plaintiff Brian Keith Lindsay filed this lawsuit seeking relief pursuant to 42
U.S.C. § 1983. The case was referred to United States Magistrate Judge K. Nicole
Mitchell for findings of fact, conclusions of law, and recommendations for disposition.
Judge Mitchell issued a Report recommending that the claims against Defendant
Treina Mortell be dismissed without prejudice for failure to prosecute. Docket No.
31.
Where a party timely objects to the Report and Recommendation, the Court
reviews the objected-to findings and conclusions of the Magistrate Judge de novo. 28
U.S.C. § 636(b)(1). In conducting a de novo review, the Court examines the entire
record and makes an independent assessment under the law. Douglass v. United
Servs. Auto. Ass’n, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc), superseded on other
grounds by statute, 28 U.S.C. § 636(b)(1) (extending the time to file objections from
ten to fourteen days).
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Here, no objections were filed. The Court therefore reviews the Magistrate
Judge’s findings for clear error or abuse of discretion and reviews her legal
conclusions to determine whether they are contrary to law. See United States v.
Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989), cert. denied, 492 U.S. 918 (1989) (holding
that, if no objections to a Magistrate Judge’s Report are filed, the standard of review
is “clearly erroneous, abuse of discretion and contrary to law”).
Having reviewed the Magistrate Judge’s Report and Recommendations, the
Court finds no clear error or abuse of discretion and no conclusions contrary to law.
Accordingly, the Court hereby ADOPTS the Report and Recommendation of the
United States Magistrate Judge (Docket No. 31) as the findings of this Court. It is
therefore ORDERED that the claims against Defendant Treina Mortell are
DISMISSED without prejudice for failure to prosecute pursuant to Federal Rule of
Civil Procedure 41(b).
So ORDERED and SIGNED this day of
___________________________________
JEREMY D. KERNODLE
UNITED STATES DISTRICT JUDGE
16th	February, 2026.
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