Dodd v. Clearwater Bay Inc.

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
DAVID LAVORD DODD,
Plaintiff,
v.
CLEARWATER BAY INC., et al.,
Defendants.
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Case No. 6:25-cv-323-JDK-KNM
ORDER ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
Plaintiff David Lavord Dodd filed this lawsuit on August 25, 2025. The case
was referred to United States Magistrate Judge K. Nicole Mitchell for findings of fact,
conclusions of law, and recommendations for disposition. After providing an
opportunity for the plaintiff to amend his claims, Judge Mitchell issued a Report
recommending that the complaint be dismissed without prejudice for failure to
prosecute. Docket No. 11. No written objections have been filed.
This Court reviews the findings and conclusions of the Magistrate Judge de
novo only if a party objects within fourteen days of service of the Report and
Recommendation. 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superseded on other grounds by statute, 28 U.S.C. § 636(b)(1) (extending the time to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. 11) as the findings of this Court. It is
therefore ORDERED that this case is DISMISSED without prejudice for failure to
prosecute. FED. R. CIV. P. 41(b).
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