Neumann v. Saul

District Court, S.D. Texas

Neumann v. Saul

Trial Court Opinion

Southern District of Texas ENTERED UNITED STATES DISTRICT COURT igs bradley □□□ SOUTHERN DISTRICT OF TEXAS VICTORIA DIVISION PATRICIA J. NEUMANN, § Plaintiff, : VS. § CIVIL ACTION NO. 6:19-CV-26 ANDREW SAUL,

Defendant. : ORDER ADOPTING MEMORANDUM AND RECOMMENDATION Before the Court is Magistrate Judge Julie Hampton’s Memorandum and Recommendation (““M&R”), entered on July 29, 2020. (D.E. 21). The M&R recommends that the Court deny Plaintiff's Motion for Attorney’s Fees Pursuant to the Equal Access to Justice Act because the motion is untimely. (D.E. 17; D.E. 21). The parties were provided proper notice of, and the opportunity to object to, Judge Hampton’s M&R. See

28 U.S.C. § 636

(b)(1); FED. R. CIV. P. 72(b); General Order No. 2002-13. No objection has been filed. When no timely objection has been filed, the district court need only determine whether the M&R is clearly erroneous or contrary to law. United States v. Wilson,

864 F.2d 1219, 1221

(Sth Cir. 1989) (per curiam); Powell v. Litton Loan Servicing, LP, No. CIV. A. H-14-2700,

2015 WL 3823141

, at *1 (S.D. Tex. June 18, 2015).

_ Having carefully reviewed the proposed findings and conclusions of Judge Hampton, the filings of the parties, the record, and the applicable law, and finding that the M&R is not clearly erroneous or contrary to law, the Court ADOPTS the M&R in its

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entirety. (D.E. 21). Accordingly, the Court DENIES Plaintiff's Motion for Attorney Fees. (D.E. 17).

SIGNED and ORDERED this [+ day of Tie | DAVIDTS. MORALES UNITED STATES DISTRICT JUDGE

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