Reported / Citable
Background
Michael R. Hockless, a former pretrial detainee at the Jefferson County Correctional Facility, filed a pro se civil-rights action under 42 U.S.C. § 1983 against Jefferson County and Keefe Commissary Network.
The district court referred the matter to U.S. Magistrate Judge Zack Hawthorn. On July 8, 2026, the magistrate judge recommended dismissal for want of prosecution under Federal Rule of Civil Procedure 41(b). No objections were filed. The order also noted that a copy of the report and recommendation was returned as undeliverable with a notation that Hockless had been released or was no longer at the facility.
The Court’s Holding
After reviewing the report and recommendation together with the record, pleadings, and available evidence, the district court found the magistrate judge’s factual findings and legal conclusions correct.
The court adopted the report and recommendation. The order did not itself enter dismissal; it stated that a separate final judgment would be entered in accordance with the magistrate judge’s recommendations.
Key Takeaways
- The court adopted the magistrate judge’s recommendation that the action be dismissed for want of prosecution under Rule 41(b).
- No objections to the report and recommendation were filed.
- The August 4 order contemplated a separate final judgment rather than itself expressly dismissing the case.
Why It Matters
The order distinguishes between adopting a recommendation to dismiss and entering the final judgment that formally implements that recommendation. Attorneys tracking the case’s procedural status should therefore avoid treating this adoption order itself as the separately contemplated final judgment.