Nelson v. Davis

District Court, S.D. Texas

Nelson v. Davis

Trial Court Opinion

UNITED STATES DISTRICT COURT January 10, 2022 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION

ARDELL NELSON, § § Plaintiff, § § VS. § CIVIL ACTION NO. 2:19-CV-00371 § LORI DAVIS, et al., § § Defendants. §

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION TO DENY PLAINTIFF'S MOTION TO REINSTATE

On December 3, 2021, United States Magistrate Judge Jason B. Libby issued a “Memorandum and Recommendation to Deny Plaintiff's Motion to Reinstate” (M&R, D.E. 13). Plaintiff was provided proper notice of, and opportunity to object to, the Magistrate Judge’s M&R. Fed. R. Civ. P. 72(b);

28 U.S.C. § 636

(b)(1); General Order No. 2002-13. No objections have been timely filed. When no timely objection to a magistrate judge’s M&R is filed, the district court need only satisfy itself that there is no clear error on the face of the record and accept the magistrate judge’s M&R. Guillory v. PPG Industries, Inc.,

434 F.3d 303, 308

(5th Cir. 2005) (citing Douglass v. United Services Auto Ass’n,

79 F.3d 1415, 1420

(5th Cir. 1996)). Having reviewed the findings of fact and conclusions of law set forth in the Magistrate Judge’s M&R (D.E. 13), and all other relevant documents in the record, and finding no clear error, the Court ADOPTS as its own the findings and conclusions of the 1 / 2 Magistrate Judge. Accordingly, the Motion to Reinstate (D.E. 11) is construed as a Rule 59(e) motion and is DENIED. ORDERED on January 10, 2022. [phy GONZAIGS RAMOS UNITED STATES DISTRICT JUDGE

2/2

Reference

Status
Unknown