Alexander v. Hill-Kearse et al

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
BROWNSVILLE DIVISION
JOSEPH ALEXANDER,
Plaintiff,
VS.
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CIVIL ACTION NO. 1:26-CV-075
DAWN HILL-KEARSE, et al.,
Defendants.
ORDER
Plaintiff Joseph Alexander filed a Complaint for a Civil Case (Doc. 1) against Defendants
Dawn Hill-Kearse and Sergio Jimenez. Alexander pled that “Defendants conspired together and
intentionally delayed the calendar of motions, in violation of due process,” but did not allege any
facts or indicate how the Court possesses subject matter jurisdiction over the case. (Id.)
On April 10, 2026, a United States Magistrate Judge recommended that the Court dismiss
Alexander’s Complaint without prejudice for failure to state a claim upon which relief can be
granted.1 (R&R, Doc. 13) No party objected to the Report and Recommendation and the deadline
for doing so expired on April 24.
“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:
1 The same day, the Clerk's Office mailed a copy of the Report and Recommendation to Alexander at the return address
that he included in his Complaint. (See Doc. No. 14) The document was returned as undeliverable. (See Return, Doc.
16) 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.) (noting 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
April 28, 2026
Nathan Ochsner, Clerk
Case 1:26-cv-00075 Document 17 Filed 04/28/26 in TXSD Page 1 of 2

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ORDERED that Plaintiff Joseph Alexander’s Complaint for a Civil Case (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 April 28, 2026.
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Fernando Rodriguez, Jr.
United States District Judge
Case 1:26-cv-00075 Document 17 Filed 04/28/26 in TXSD Page 2 of 2