Reported / Citable
Background
Chloe Miller, proceeding without counsel, filed an action against Ali Najmi and Kevin McClanahan in the Eastern District of Texas. The proceeding was referred to U.S. Magistrate Judge Christine L. Stetson for pretrial management.
On July 10, 2026, Judge Stetson recommended dismissing the action under Federal Rule of Civil Procedure 41(b). The recommendation concluded that Miller had failed to prosecute the case by providing the clerk with an incorrect mailing address, contrary to the court’s local rules. Miller filed no objection to the recommendation.
The Court’s Holding
Because Miller did not object, the district court reviewed the report and recommendation for clear error. The court found none and adopted the recommendation.
The court dismissed Miller’s claims without prejudice under Rule 41(b) for failure to prosecute. It also directed that a final judgment be entered.
Key Takeaways
- A pro se litigant’s failure to provide the clerk with a correct mailing address can support dismissal for failure to prosecute.
- When no party objects to a magistrate judge’s report and recommendation, the district court may review it for clear error.
- The dismissal was without prejudice, rather than an adjudication of the claims on their merits.
Why It Matters
The order underscores that self-represented litigants must comply with procedural requirements, including local rules requiring current contact information. Failure to do so may prevent the case from moving forward and result in dismissal under Rule 41(b), even when the dismissal leaves open the possibility of bringing the claims again.