Cormier v. US Department of Veterans Affairs

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
DWIGHT DAVID CORMIER,
Plaintiff,
v.
US DEPARTMENT OF VETERANS
AFFAIRS,
Defendant.
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NO. 1:25-CV-00253-MJT-ZJH
JUDGE MICHAEL TRUNCALE
ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
On May 29, 2025, the Court referred this case to the Honorable Zack Hawthorn, United
States Magistrate Judge for pretrial management. On December 2, 2025, Judge Hawthorn issued
a Report and Recommendation [Dkt. 12], which recommended dismissing pro se Plaintiff Dwight
David Cormier’s (“Cormier”) case for failure to serve process.1 Although Cormier has been given
notice, he has not taken any action in his case since August 2025. Doc. No. 7.
A party who files timely written objections to a magistrate judge’s report and
recommendation is entitled to a de novo determination of those findings or recommendations to
which the party specifically objects. 28 U.S.C. § 636(b)(l)(c); FED. R. CIV. P. 72(b)(2)–(3).
Cormier did not file any objections to Judge Hawthorn’s report. Nonetheless, the Court has
reviewed Judge Hawthorn’s Report and Recommendation [Dkt. 12], and it holds that Judge
Hawthorn’s findings and conclusions of law are correct.
1 Cormier paid the $405.00 filing fee after the Court denied his Motion to Proceed in forma pauperis (Doc. No. 2).
Still, he has not completed service of process within the time allotted by Federal Rule of Civil Procedure 4(m). FED.
R. CIV. P. 4(m).
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It is, therefore, ORDERED that Judge Hawthorn’s Report and Recommendation [Dkt. 12]
is ADOPTED. A final judgment will be entered in this case, in accordance with the magistrate
judge’s recommendation.
____________________________
Michael J. Truncale
United States District Judge
SIGNED this 2nd day of January, 2026.
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