Reported / Citable
Background
Jessie Cole Younger, Sr. brought a civil action against Larry Phillips and others in the Eastern District of Texas. The matter was referred to a United States magistrate judge under 28 U.S.C. § 636.
On August 19, 2026, the magistrate judge recommended dismissing the action without prejudice for failure to prosecute. No timely objections to that recommendation were filed.
The Court’s Holding
District Judge Amos L. Mazzant adopted the magistrate judge’s report and recommendation after concluding that its findings and conclusions were correct.
The court dismissed the civil action without prejudice for failure to prosecute. It also denied all motions that had not previously been decided.
Key Takeaways
- A civil action may be dismissed without prejudice when a plaintiff fails to prosecute it.
- The district court adopted the magistrate judge’s recommendation after no timely objections were filed.
- All pending, unresolved motions were denied.
Why It Matters
The order underscores the consequence of failing to actively pursue a case or timely respond to a magistrate judge’s recommended disposition. Because the dismissal was without prejudice, the order did not adjudicate the merits of Younger’s claims.