Reported / Citable
Background
Darlene C. Balistreri-Amrhein brought this action against Judge Joe Fish and other defendants in the Eastern District of Texas. The matter was referred to a U.S. magistrate judge under 28 U.S.C. § 636.
On April 15, 2026, the magistrate judge issued a report recommending dismissal without prejudice under Federal Rule of Civil Procedure 41(b). No timely objections to the report were filed.
The Court’s Holding
District Judge Sean D. Jordan concluded that the magistrate judge’s findings and conclusions were correct. Because no timely objections had been filed, the court adopted the report as its own findings and conclusions.
The court ordered the case dismissed without prejudice under Rule 41(b). The memorandum did not identify the underlying factual basis for the Rule 41(b) dismissal.
Key Takeaways
- The district court adopted the magistrate judge’s unopposed report and recommendation.
- The action was dismissed without prejudice under Federal Rule of Civil Procedure 41(b).
- The one-page memorandum does not state the specific conduct or circumstances supporting dismissal.
Why It Matters
The decision illustrates that an unopposed magistrate judge’s recommendation may be adopted when the district court determines that its findings and conclusions are correct.
Because the dismissal was without prejudice, the order did not purport to resolve the merits with prejudice. The supplied opinion does not address whether refiling would be possible or subject to other procedural barriers.