McBay v. Stone et al

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IN THE UNITED STATES DISTRICT COURT
OF THE EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION
MILES MCBAY,
Plaintiff
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v. 	§
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Civil Action No. 5:25-cv-00112-JRG-JBB
KATHERINE STONE, ET AL.
Defendants.
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ORDER
The above-captioned case was referred to United States Magistrate Judge J. Boone Baxter
pursuant to 28 U.S.C. § 636. On December 23, 2025, the Magistrate Judge issued a Report and
Recommendation, sua sponte, recommending that Plaintiff’s claims against the unidentified “John
Doe Engineer” defendant be dismissed without prejudice. Docket No. 35.
No objections to the Report and Recommendation have been filed.1 Because no objections
have been filed, the parties are barred from de novo review by the District Court of the Magistrate
Judge’s findings, conclusions, and recommendations; and, except upon grounds of plain error, from
appellate review of the unobjected-to factual findings and legal conclusions accepted and adopted
by the District Court. See Duarte v. City of Lewisville, 858 F.3d 348, 352 (5th Cir. 2017); Arriaga
v. Laxminarayan, Case No. 4:21-CV-00203-RAS, 2021 WL 3287683, at *1 (E.D. Tex. July 31,
2021). The Court has carefully reviewed the Report and Recommendation and agrees with the
Magistrate Judge that Plaintiff’s claims against the unidentified “John Doe Engineer” defendant
should be dismissed without prejudice. Accordingly, it is
1 On December 23, 2025, Plaintiff filed a Notice of No Objections (Docket No. 36), waiving the objection period
and stating on the record that Plaintiff has no objections to the Report and Recommendation.
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ORDERED that the Report and Recommendation of the Magistrate Judge (Docket No.
35) is ADOPTED as the opinion of the District Court. It is further
ORDERED that Plaintiff’s claims against “John Doe Engineer” defendant are hereby
DISMISSED WITHOUT PREJUDICE.
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RODNEY GILSTRAP
UNITED STATES DISTRICT JUDGE
So ORDERED and SIGNED this 12th day of January, 2026.
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