Mosby v. Musk et al

1 / 2
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
BROWNSVILLE DIVISION
KIMBERLY JO MOSBY,
Plaintiff,
VS.
§
§
§
§
§
§
§
§
§
CIVIL ACTION NO. 1:25-CV-220
ELON MUSK and SPACEX,
Defendants.
ORDER
Plaintiff Kimberly Jo Mosby filed this action under the RICO Act. (Compl., Doc. 1) In
October 2025, a United States Magistrate Judge issued a Notice and Order (Doc. 10), requesting
that Mosby cure deficiencies in her Complaint and file an amended complaint compliant with the
Federal Rules of Civil Procedure. Mosby made no subsequent filings, and the Magistrate Judge
issued a Report and Recommendation (Doc. 13) recommending that Mosby’s claims be dismissed
without prejudice for want of prosecution. No party filed objections.
“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. 13). It is:
ORDERED that Plaintiff Kimberly Jo Mosby’s causes of action are DISMISSED without
prejudice for want of prosecution.
Each party shall bear its own fees and costs.
This is a final and appealable order.
The Clerk of Court is directed to close this case.
Signed on February 10, 2026.
United States District Court
Southern District of Texas
ENTERED
February 10, 2026
Nathan Ochsner, Clerk
Case 1:25-cv-00220 Document 17 Filed 02/10/26 in TXSD Page 1 of 2

2 / 2
____________________________
Fernando Rodriguez, Jr.
United States District Judge
Case 1:25-cv-00220 Document 17 Filed 02/10/26 in TXSD Page 2 of 2