Williamson v. Brady

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:19-cv-00324 Bruce C. Williamson & Maja M. Steele, Plaintiffs, V. Billy Bob Brady & Long Glade Lake, Inc., Defendants.

ORDER Plaintiffs Bruce Williamson and Maja Steele filed this suit seeking relief for several discrimination-based claims. Doc. 1.

The case was referred to United States Magistrate Judge K.

Nicole Mitchell to the full extent allowable under 28 U.S.C. § 636(b). On September 8, 2020, Defendants Long Glade Lake, Inc. and Billy Bob Brady filed a partial motion to dismiss, re- questing dismissal of plaintiffs’ 42 U.S.C. §§ 1985 and 1986 claims. Doc. 24 The magistrate judge issued a report and recommendation finding that plaintiffs failed to establish three elements of their § 1985 claim. Doc. 31. Because a § 1986 claim depends on a successful § 1985 claim, the plaintiffs also failed to establish their § 1986 claim. Id. The report recommends that the court grant defendants’ partial motion to dismiss, thereby dismiss- ing the plaintiffs’ §§ 1985 and 1986 claims with prejudice for failure to state a claim upon which relief may be granted. Id. Neither party objected to the report and recommendation.

When a party fails to object to a magistrate judge’s report, the court reviews the record only for clear error. See Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415, 1420 (5th Cir. 1996).

Finding no clear error in the report (Doc. 31), the court ac- cepts its findings and recommendation. The defendants’ par- tial motion to dismiss (Doc. 24) is granted.

So ordered by the court on November 24, 2020. flack BARKER United States District Judge