Horton v. Gentry ( 2023 )

U.S, DISTRICT N.D. OF AL UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION DAVID LEE HORTON, § § Plaintiff, § § V. § Case No. 5:23-cv-511-LCB-HNJ § MATT GENTRY, § § Defendant. § ORDER ADOPTING REPORT & RECOMMENDATION On June 26, 2023, the magistrate judge entered a report and recommendation (Doc. 10), to which no timely objection was filed, recommending dismissal without prejudice of this case for failure to prosecute. Having reviewed the magistrate’s recommendation for clear error, see, e.g., Ray v. Calhoun County, 2017 WL 4572290 (N.D. Ala. Oct. 13, 2022), the Court ADOPTS the report and recommendation in full. Accordingly, this case is hereby DISMISSED without prejudice for failure to prosecute, pursuant to the Court’s power under Rule 41(b) of the Federal Rules of Civil Procedure. DONE and ORDERED July 18, 2023. SG C Sha. LILES C. BURKE UNITED STATES DISTRICT JUDGE