Central Texas Express Metalwork, LLC v. Chavez

. . Southern District of Texas

ENTERED UNITED STATES DISTRICT COURT October 06, 2021 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION

CENTRAL TEXAS EXPRESS § METALWORK, LLC; dba EXPRESS § CONTRACTING, §

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Plaintiff, §

VS. § CIVIL ACTION NO. 2:20-CV-193

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ELIZABETH YETMAN CHAVEZ, et al., §

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Defendants. § ORDER ADOPTING MEMORANDUM & RECOMMENDATION Before the Court is Magistrate Judge Jason Libby’s Memorandum and Recommendation (M&R). (D.E. 103). The M&R recommends that the Court grant Plaintiff's motion to dismiss. (D-E. 94).

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 (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 1/2 in its entirety. (D.E. 103). Accordingly, the Court GRANTS Plaintiff's motion to dismiss. (D.E. 94). All claims in this action are DISMISSED without prejudice. A final judgment will be entered separately.

SO ORDERED. /

DA . MORALES

UNITED STATES DISTRICT JUDGE Dated: Corpus Christi, Texas

October 6, 2021 2/2