Reported / Citable
Background
Plaintiff Tewodros Gashu brought an action against the City of Dallas and other defendants in the Eastern District of Texas. The matter was referred to a United States magistrate judge under 28 U.S.C. § 636.
The magistrate judge issued an amended report and recommendation proposing dismissal without prejudice of Gashu’s claims against several defendants who had not been served. No timely objections to the report were filed.
The Court’s Holding
District Judge Sean D. Jordan determined that the magistrate judge’s findings and conclusions were correct. Because no timely objections had been submitted, the court adopted the amended report and recommendation as its own findings and conclusions.
The court dismissed without prejudice Gashu’s claims against the City of Dallas, Hilton Dallas Lincoln Centre, Collin Oaks Assisted Living, David King, and a Dallas County Constable employee identified only as Kimberly, whose last name was unknown.
Key Takeaways
- The court adopted the magistrate judge’s amended report and recommendation after no party filed timely objections.
- Claims against five unserved defendants were dismissed.
- The dismissal was without prejudice, rather than an adjudication on the merits.
Why It Matters
The order illustrates the procedural consequences that may follow when defendants remain unserved and a party does not timely object to a magistrate judge’s recommendation. Because the dismissal was without prejudice, the order did not resolve the dismissed claims on their merits.