Reported / Citable
Background
Darlene C. Balistreri-Amrhein sued Universal Insurance Company of North America 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 April 16, 2026, the magistrate judge recommended dismissing the case without prejudice. Neither side filed objections to that report and recommendation.
The Court’s Holding
District Judge Amos L. Mazzant adopted the magistrate judge’s report and recommendation after reviewing it and the relevant filings. The court found the magistrate judge’s findings and conclusions correct.
The court ordered that Balistreri-Amrhein’s case be dismissed without prejudice. The memorandum does not state the underlying reason for the recommended dismissal.
Key Takeaways
- The district court adopted an unopposed magistrate judge recommendation.
- The action was dismissed without prejudice, rather than on the merits with prejudice.
- The order does not identify the basis for dismissal beyond adopting the report and recommendation.
Why It Matters
The order illustrates the consequence of an unopposed report and recommendation: after review, the district court may adopt it and enter the recommended disposition. Because dismissal was without prejudice, the order does not itself foreclose a future action, subject to any applicable procedural requirements or limitations defenses.