Reported / Citable
Background
Jessie Cole Younger, Sr. brought a civil action against the Sherman Police Department 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.
On July 31, 2026, the magistrate judge recommended dismissal without prejudice based on Younger’s failure to prosecute the action. No timely objections to that report and recommendation were filed.
The Court’s Holding
District Judge Amos L. Mazzant adopted the magistrate judge’s report and recommendation as the findings and conclusions of the court. The court concluded that the report’s findings and conclusions were correct.
The court dismissed the civil action without prejudice for failure to prosecute. It denied as moot any request for relief not addressed in the report.
Key Takeaways
- The action was dismissed without prejudice for failure to prosecute.
- The district court adopted the magistrate judge’s recommendation after no timely objections were filed.
- Any remaining unaddressed requests for relief were denied as moot.
Why It Matters
The order illustrates the procedural consequence of failing to prosecute a federal civil action after a magistrate judge recommends dismissal. Because the dismissal was without prejudice, the order did not adjudicate the merits of Younger’s claims.