IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

FORT WORTH DIVISION 

WESLEY HATTEN-LOVETT 

vs. 

FEDERAL BUREAU OF 

INVESTIGATION 

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§ 

§ 

§ 

§ 

§ 

CIVIL NO. 4:22-CV-100-P 

ORDER RECOMMENDING DISMISSAL 

AND RETURNING CASE TO DISTRICT JUDGE 

The above-styled and numbered action, which was filed by prose Plaintiff Wesley HattenLovett on February 8, 2022, was automatically referred to the United States Magistrate Judge 

pursuant to a standing order of this Court. On May 12, 2022, the Court entered an Order Regarding 

Failure to File Proof of Service in which it gave Plaintiff until May 26, 2022 to file "either proof 

of proper service as required by Rule 4.1 of the Local Civil Rules of the Northern District of Texas 

or an instrument in affidavit form establishing good cause why such proof cannot be filed." The 

Order further stated that, Plaintiff's failure to comply would result in the Court recommending 

dismissal of this action without further notice. 

On May 17, 2022, Plaintiff filed a document in letter form that, inter alia, stated: 

The Federal Bureau of Investigation was served on my behalf through the 

secretary of state. I did include the documents I received from the secretary. I am 

trying my best to respond in a timely manner to all orders issued from the courts. 

Unfortunately I am not working with a lawyer so some responses may not be as 

quick. 

(Plaintiffs May 17, 2022 Letter [doc. 5] .) Attached to the letter was, inter a/ia, a letter dated May 

19, 2021 from Ruth R. Hughs, Secretary of State of the State of Texas, that stated: 

I, the tmdersigned, as Secretary of State of the State of Texas, DO HEREBY 

CERTIFY that according to the records of this office, a copy of the Citation and 

Subpoena for Documents or Tangible Things and Plaintiffs Original Petition [] in 

the cause styled: 

Case 4:22-cv-00100-P Document 6 Filed 06/06/22 Page 1 of 3 PageID 16
Wesley Hatten Lovett VS Federal Bureau oflnvestigation 

48th Judicial District Court of Tarrant County, Texas 

Cause No. 04832390421 

was received by this office on March 16, 2021, and that a copy was forwarded on 

March 18, 2021, by CERTIFIED MAIL, return receipt requested to: 

Federal Bureau oflnvestigation 

935 Pennsylvania Ave NW 

Washington, DC 20535 

As of this date, no response has been received by this office. 

(Id. at p. 3.) 

Plaintiffs response and attachments, however, fail to comply with the Court's May 12, 

2022 Order Regarding Failure to File Proof of Service for several reasons, including: (!) the letter 

from the Secretary of State of the State of Texas is dated prior to the date in which this case was 

filed and refers to a different case in a different court and (2) Plaintiff's response was not in 

affidavit form and fails to establish good cause as to why proof of service in this case is not 

available. Consequently, the Court RECOMMENDS that the above-styled and numbered cause 

be DISMISSED for failing to comply with the Court's order. 

NOTICE OF RIGHT TO OBJECT TO PROPOSED 

FINDINGS, CONCLUSIONS AND RECOMMENDATION 

AND CONSEQUENCES OF FAILURE TO OBJECT 

Under 28 U.S.C. § 636(b)(l), each party to this action has the right to serve and file specific 

written objections in the United States District Court to the United States Magistrate Judge's 

proposed findings, conclusions and recommendation within fourteen (14) days after the party has 

been served with a copy of this document. The United States District Judge need only make a de 

nova determination of those portions of the United States Magistrate Judge's proposed findings, 

conclusions and recommendation to which specific objection is timely made. See 28 U.S.C. § 

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636(b )(1 ). Failure to file, by the date stated above, a specific written objection to a proposed 

factual finding or legal conclusion will bar a party, except upon grounds of plain error or manifest 

injustice, from attacking on appeal any such proposed factual findings and legal conclusions 

accepted by the United States District Judge. See Douglass v. United Servs. Auto Ass 'n, 79 F.3d 

1415, 1428-29 (5th Cir. 1996) (en bane), superseded by statute on other grounds, 28 U.S.C. § 

636(b)(l) (extending time to file objections from ten to fourteen days). 

ORDER 

Under 28 U.S.C. § 636, it is hereby ORDERED that each party is granted until June 20, 

2022 to serve and file written objections to the United States Magistrate Judge's proposed findings, 

conclusions and recommendation. It is further ORDERED that if objections are filed and the 

opposing party chooses to file a response, the response shall be filed within seven (7) days of the 

filing date of the objections. 

It is further ORDERED that the above-styled and numbered action, previously referred to 

the United States Magistrate Judge for findings, conclusions and recommendation, be and hereby 

is returned to the docket of the United States District Judge. 

SIGNED June 6, 2022. 

... RETON 

STATES MAGISTRATE JUDGE 

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