Reported / Citable
Background
Kernelius Marquis Shepherd, Sr., a former Texas Department of Criminal Justice inmate proceeding without counsel, brought an action under 42 U.S.C. § 1983 against UTMB.
The district court referred the case to U.S. Magistrate Judge Christine L. Stetson. The magistrate judge recommended dismissing the action without prejudice for want of prosecution, and no party filed objections to the report and recommendation.
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 recommendation.
Key Takeaways
- The court adopted the magistrate judge’s recommendation that the action be dismissed without prejudice for want of prosecution.
- No objections to the report and recommendation were filed.
- The adoption order contemplated a forthcoming final judgment rather than itself dismissing the case.
Why It Matters
The order illustrates the procedural distinction between adopting a magistrate judge’s dismissal recommendation and entering the final judgment that implements that recommendation.
It also underscores that a pro se plaintiff’s failure to prosecute can lead to a recommendation of dismissal without prejudice.