Lydia v. Coastal Home Health Care

District Court, S.D. Texas

Lydia v. Coastal Home Health Care

Trial Court Opinion

Southern District of Texas ENTERED UNITED STATES DISTRICT COURT | March 03, 2021 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION CATHERINE A. LYDIA, § Plaintiff, VS. § CIVIL ACTION NO. 2:20-CV-115 COASTAL HOME HEALTH CARE, et al., Defendants.

_ ORDER ADOPTING MEMORANDUM AND RECOMMENDATION Before the Court is Magistrate Judge Jason B. Libby’s Memorandum and Recommendation (M&R), entered on February 10, 2021. (D.E.20). The M&R recommends that the Court grant Defendant’s motion for summary judgment and dismiss this action with prejudice. The parties were provided proper notice of, and the opportunity to object to, the Magistrate Judge’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 magistrate judge’s memorandum and recommendation 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 the Magistrate Judge, 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 1/2

entirety. (D.E. 20). Accordingly, Defendant’s motion for summary judgment (D.E. 19) is GRANTED, and this action is DISMISSED with prejudice.

SO ORDERED. | | | D S. MORALES UNITED STATES DISTRICT JUDGE Dated: Corpus Christi, Texas March 3, 2021

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