Ford v. Bichotte-Hermelyn et al

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
BROWNSVILLE DIVISION
DYLAN FORD,
Plaintiff,
VS.
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CIVIL ACTION NO. 1:26-CV-481
RODNEYSE BICHOTTE-HERMELYN, et al.,
Defendants.
ORDER
Plaintiff Dylan Ford filed a Complaint (Doc. 1) against Defendants Rodneyse Bichotte-
Hermelyn, Brian Gotlieb, and Joy Campanelli. In a three-sentence Complaint, Ford alleges that
“Brian Gotlieb and Joy Campanelli obstructed justice[]” and that “Rodneyse Bichotte-Hermelyn
participated in the process[,]” (id. at 1), but he does not allege any facts or indicate how the Court
possesses subject matter jurisdiction over the case.
On May 6, 2026, a United States Magistrate Judge recommended that the Court dismiss
Ford’s Complaint without prejudice for failure to state a claim upon which relief can be granted.
(R&R, Doc. 9) No party objected to the Report and Recommendation and the deadline for doing
so expired on May 20. 1
“When no timely objection is filed, the court need only satisfy itself that there is no clear
error on the face of the record in order to accept the recommendation.” FED. R. CIV. P. 72(b),
Advisory Comm. Note (1983). The Court has reviewed the Report and Recommendation and finds
no clear error within it.
As a result, the Court ADOPTS the Report and Recommendation (Doc. 9). It is:
1 On May 6, the Clerk's Office mailed a copy of the Report and Recommendation to Ford at the return address that he
included in his Complaint. (See Doc. No. 10) The document was returned as undeliverable. (See Return, Doc. 14)
Mailing of documents to the address that a litigant provides satisfies the notice requirement for a Report and
Recommendation. See Lewis v. Hardy, 248 F. App'x 589, 593 n.1 (5th Cir. 2007) (unpubl.) (explaining that when the
clerk's office mails a report and recommendation to the plaintiff's last known address and it is returned as undeliverable,
the plaintiff “is solely responsible for not receiving” the mailing).
United States District Court
Southern District of Texas
ENTERED
June 01, 2026
Nathan Ochsner, Clerk
Case 1:26-cv-00481 Document 16 Filed 06/01/26 in TXSD Page 1 of 2

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ORDERED that Plaintiff Dylan Ford’s Complaint (Doc. 1) is DISMISSED WITHOUT
PREJUDICE.
This is a final and appealable order.
The Clerk of Court is directed to close this case.
Signed on June 1, 2026.
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Fernando Rodriguez, Jr.
United States District Judge
Case 1:26-cv-00481 Document 16 Filed 06/01/26 in TXSD Page 2 of 2