NLA Interests, LLC v. Johnson
NLA Interests, LLC v. Johnson
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:20-cv-00547 NLA Interests LLC, Plaintiff, V. Johnny Johnson, Defendant.
ORDER Plaintiff NLA Interests LLC filed this eviction case in Texas state court, and defendant Johnny Johnson properly re- moved it. Doc. 1. This case was referred to United States Mag- istrate Judge K. Nicole Mitchell under
28 U.S.C. § 636(b). Plaintiff filed a motion to dismiss (Doc. 8) and defendant filed a response stating that he was not opposed to the plaintiff’s motion. Doc. 9. The magistrate judge issued a report liberally construing the pro se plaintiff's filing as a motion to dismiss under Fed- eral Rule of Civil Procedure 41(a)(2). Doc. 11. The magistrate judge recommends granting the plaintiff's motion after find- ing that any potential factors that could cause the non-movant to suffer prejudice do not apply.
Id.Neither party objected to the report and recommendation. When no party objects to the magistrate judge’s report and recommendation, the court reviews it only for clear error. See Douglass v. United Servs. Auto. Ass'n,
79 F.3d 1415, 1420(6th Cir. 1996). Having reviewed the magistrate judge’s report, and being satisfied that it contains no clear error, the court ac- cepts the report and recommendation and grants the plain- tiff’s motion to dismiss. Doc. 8. Plaintiff’s claims are dis- missed without prejudice.
So ordered by the court on March 8, 2021.
J/CAMPBELL BARKER United States District Judge
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Reference
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