□ Southern District of Texas ENTERED UNITED STATES DISTRICT COURT September 28, 202: SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk BROWNSVILLE DIVISION □ GABRIEL H. GUZMAN, § “Plaintiff”, § § v. § Civil Action No. 1:21-cv-00192 § SAM’S CLUB, § “Defendant”. § . § § ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Before the Court are these pleadings: Defendant’s “Motion for Summary Judgment” CMSJ”) (Dkt. No. 9), Plaintiff's “Response to Defendant’s Motion for Summary Judgment” (“Response”) (Dkt. No. 13), Defendant’s “Amended Reply in Support of Defendant’s Motion for Summary Judgment” (“First Amended Reply”) (Dkt. No. 18), Plaintiff's “Surreply in Support of Denial of Defendant’s Motion for Summary Judgment” (“Surreply”) (Dkt. No. 24) and the “Magistrate Judge’s Report and Recommendation” (“R&R”) (Dkt. No. 45). The R&R recommends this Court grant Defendant’s MSJ (Dkt. No. 9). No objections were filed by either party. When no objections are filed to a magistrate judge’s ruling, the district court applies the “clearly erroneous, abuse of discretion and contrary to law” standard of review. United States v. Wilson,

(5th Cir. 1989). Finding no clear error, abuse of discretion, or finding contrary to law, the R&R is ADOPTED. Defendant’s MSJ (Dkt. No. 9) is GRANTED.

Signed on this IG day of De oben LK es, 2022.

Rolgndo Olvera United States District Judge