Southern District of Texas ENTERED UNITED STATES DISTRICT COURT January 04, 2022 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION QUIRINO TORRES, § Plaintiff, VS. § CIVIL ACTION NO. 2:21-CV-37 ALDENE SOUTHMAYD III, et al., Defendants. : ORDER ADOPTING MEMORANDUM & RECOMMENDATION Before the Court is Magistrate Judge Jason Libby’s Memorandum and ‘Recommendation (M&R). (D.E. 36). The M&R recommends that the Court deny Defendants’ motion to dismiss (D.E. 24), treated as a motion for summary judgment, because Defendants have not shown by sufficient evidence that Plaintiff failed to exhaust his administrative remedies. The M&R further recommends that the Court deny as moot Plaintiff's motion to quash the motion to dismiss. (D.E. 36; D.E. 26). The parties were provided proper notice of, and the opportunity to object to, the Magistrate Judge’s M&R. See

(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,

(Sth Cir. 1989) (per curiam); Powell v. Litton Loan Servicing, LP, No. CIV. A. H-14-2700,

, at *1 (S.D. Tex. June 18, 2015). Having carefully reviewed the proposed findings and conclusions of the Magistrate 1/2

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 entirety. (D.E. 36). Accordingly, the Court DENIES Defendants’ motion to dismiss, treated as a motion for summary judgment. (D.E. 24). The Court DENIES as moot Plaintiff's motion to quash. (D.E. 26). SO ORDERED. C/ / | Davin $MorArES UNITED STATES DISTRICT JUDGE

Dated: Corpus Christy Texas January %&°% , 2022

2/2