IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
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FRANK L. CARTER, c/o ULTIMATE § HOME PROTECTOR PANS, INC.; §
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Plaintiff, §
§ Case No. 6:22-cv-94-JDK-JDL v. §
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EZ FLO INTERNATIONAL, et al., §
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Defendants. §
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ORDER ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
Plaintiff Frank Carter, proceeding pro se, filed this patent infringement action on March 14, 2022. The case was referred to United States Magistrate Judge John D. Love for findings of fact, conclusions of law, and recommendations for the disposition of the action.
On December 28, 2022, Judge Love issued a Report recommending that the case be dismissed without prejudice for failure to comply with a Court order and failure to prosecute. Docket No. 109. Plaintiff acknowledged receipt of the Report on January 3, 2023. Docket No. 110. Plaintiff has not filed objections to the Report, and the objection period has passed.
This Court reviews the findings and conclusions of the Magistrate Judge de novo only if a party o bjects within fourteen days of service of the Report and Recommendation. 28 U.S.C. § 636(b)(1). In conducting a de novo review, the Court examines the entire record and makes an independent assessment under the law.2 Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc), superseded on other grounds by statute, 28 U.S.C. § 636(b)(1) (extending the time to file objections from ten to fourteen days).
Here, Plaintiff did not object in the prescribed period. The Court therefore reviews the Magistrate Judge’s findings for clear error or abuse of discretion and reviews the legal conclusions to determine whether they are contrary to law. See United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989), cert. denied, 492 U.S. 918 (1989) (holding that, if no objections to a Magistrate Judge’s Report are filed, the standard of review is “clearly erroneous, abuse of discretion and contrary to law”).
Having reviewed the Magistrate Judge’s Report and the record in this case, the Court finds no clear error or abuse of discretion and no conclusions contrary to law. Accordingly, the Court hereby ADOPTS the Report and Recommendation of the United States Magistrate Judge (Docket No. 109) as the findings of this Court. It is therefore ORDERED that this case is DISMISSED without prejudice for failure to comply with an order of the Court and failure to prosecute.
So ORDERED and SIGNED this 25th day of January, 2023.
