Reported / Citable
Background
Billy Sample filed a complaint against Heather Bryn Hersh in the U.S. District Court for the Eastern District of Texas. The matter was referred to a U.S. magistrate judge under 28 U.S.C. § 636.
On September 23, 2026, the magistrate judge issued proposed findings of fact and recommended that Sample’s complaint be dismissed without prejudice. No timely objections to the report and recommendation were filed.
The Court’s Holding
District Judge Sean D. Jordan concluded that the magistrate judge’s findings and conclusions were correct. The court adopted the report and recommendation as its own findings and conclusions.
The court therefore dismissed Sample’s complaint without prejudice. The one-page memorandum did not state the underlying grounds for dismissal.
Key Takeaways
- The court adopted the magistrate judge’s report after no timely objections were filed.
- Sample’s complaint was dismissed without prejudice.
- The memorandum does not identify the substantive or procedural basis for the recommended dismissal.
Why It Matters
The order ends the complaint before the district court without an adjudication stated to be on the merits. Because the dismissal was without prejudice, the order does not itself foreclose Sample from pursuing the claim again, subject to any applicable procedural requirements or time limits.