Garbarini v. Rangel

UNITED STATES DISTRICT COURT March 19, 2021 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION

JOSEPH P GARBARINI, §

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Plaintiff, §

VS. § CIVIL ACTION NO. 2:20-CV-216 §

JANAS RANGEL, et al., §

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Defendants. §

ORDER ADOPTING MEMORANDUM & RECOMMENDATION

Before the Court is Magistrate Judge Julie Hampton’s Memorandum and Recommendation (M&R). (D.E. 39). The M&R recommends that Defendants Evelyn Castro and Janas Rangel’s motion to dismiss be denied. (D.E. 36). 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 M&R is clearly erroneous or contrary to law. United States v. Wilson, 864 F.2d 1219, 1221 (5th 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 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 entirety. (D.E. 39). Accordingly, Defendants Evelyn Castro and Janas Rangel’s motion to dismiss is DENIED. (D.E. 36).

SO ORDERED.

DAVID S. MORALES

UNITED STATES DISTRICT JUDGE

Dated: Corpus Christi, Texas

March 19, 2021