Smith v. Nueces County Jail et al

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Case 2:25-cv-00288 Document 25 Filed 04/22/26 in TXSD Page1of2

United States District Court
Southem District of Texas

ENTERED
April 22, 2026
UNITED STATES DISTRICT COURT Nathan Ochsner, Clerk
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
EDWARD DESHAN SMITH, §
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Plaintiff, §
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V. § CIVIL ACTION NO. 2:25-CV-00288

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NUECES COUNTY JAIL, et al., §
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Defendants. §

ORDER ADOPTING MEMORANDUM & RECOMMENDATION

Before the Court is Magistrate Judge Julie K. Hampton’s Memorandum and
Recommendation (““M&R”). (D.E. 22). The M&R recommends that the Court dismiss Plaintiff’ s
complaint for failure to prosecute. Jd. at 3.

The parties were provided proper notice of, and the opportunity to object to, the Magistrate
Judge’s M&R. See 28 U.S.C. § 636(b)(1); FED. R. Civ. P. 72(b); General Order No. 2002-13. No
objection has been filed. When no timely objection has been filed, the district court need only
determine whether the Magistrate Judge’s M&R is clearly erroneous or contrary to law. United
States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989) (per curiam); Powell v. Litton Loan
Servicing, L.P., No. 4:14-CV-02700, 2015 WL 3823141, at *1 (S.D. Tex. June 18, 2015) (Harmon,
J.) (citation omitted).

Having reviewed the proposed findings and conclusions of the Magistrate Judge, the filings
of the parties, the record, and the applicable law, and finding that the M&R is not clearly erroneous
or contrary to law, the Court ADOPTS the M&R in its entirety. (D.E. 22). Accordingly, the Court
DISMISSES Plaintiffs complaint for failure to prosecute pursuant to Federal Rule of Civil

Procedure 41(b). (D.E. 1). The Court will enter final judgment separately.

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AUTHENTICATED
U.S. GOVERNMENT
INFORMATION

GPO

Case 2:25-cv-00288 Document 25 Filed 04/22/26 in TXSD Page 2 of 2

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SO ORDERED.

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DAVID'S. MQRALES —

UNITED STATES DISTRICT JUDGE

Signed: Corpus Christi, Texas
April 02-2026

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