Zhang v. Bitfeifan Technology Co, Inc. et al

UNITED S TATES DISTRICT C OURT
S OUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
HAOYING ZHANG,
Plaintiff,
versus
BITFEIFAN T ECHNOLOGY
CO, I NC, et al,
Defendants.
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CIVIL ACTION N UMBER
4:25-cv-04468
J UDGE CHARLES ESKRIDGE
ORDER A DOPTING
MEMORANDUM AND RECOMMENDATION
Plaintiff 	Haoying 	Zhang 	filed a 	complaint 	seeking
damages 	and injunctive 	relief 	for 	alleged 	employment
discrimination and retaliation on September 11, 2025.
Dkt 1. After failing to timely serve Defendants, Plaintiff
was ordered to effect service by January 23, 2026. Dkt 5.
He was warned that failure to do so would result in
dismissal without prejudice. Ibid.
Pending is a Memorandum and Recommendation by
Magistrate Judge Christina A. Bryan, recommending that
this case be dismissed without prejudice for failure to serve
Defendants, despite court order to do so. Dkt 6.
The district court reviews de novo those conclusions of
a 	magistrate 	judge 	to 	which 	a 	party 	has 	specifically
objected. See FRCP 72(b)(3) & 28 USC § 636(b)(1)(C); see
also United States v Wilson, 864 F2d 1219, 1221 (5th Cir
1989, per curiam). The district court may accept any other
portions to which there’s no objection if satisfied that no
clear error appears on the face of the record. See Guillory v
PPG Industries Inc, 434 F3d 303, 308 (5th Cir 2005), citing
Douglass v United Services Automobile Association, 79 F3d
United States District Court
Southern District of Texas
ENTERED
February 25, 2026
Nathan Ochsner, Clerk
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1415, 1430 (5th Cir 1996, en banc); see also FRCP 72(b)
advisory committee note (1983).
None of the parties filed objections. No clear error
otherwise appears upon review and consideration of the
Memorandum and Recommendation, the record, and the
applicable law.
The 	Memorandum 	and 	Recommendation 	of 	the
Magistrate Judge is ADOPTED as the Memorandum and
Order of this Court. Dkt 6.
This case is DISMISSED WITHOUT PREJUDICE .
A final judgment will issue by separate order.
SO ORDERED.
Signed on February 23, 2026, at Houston, Texas.
___________________________
Honorable Charles Eskridge
United States District Judge
Case 4:25-cv-04468 Document 7 Filed 02/23/26 in TXSD Page 2 of 2