Cree v. Braco

District Court, S.D. Texas

Cree v. Braco

Trial Court Opinion

UNITED STATES DISTRICT COURT October 13, 2022 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION

SCOTT F. CREE, § § Plaintiff, § § VS. § CIVIL ACTION NO. 2:21-CV-00208 § BRACO, § § Defendant. §

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION TO GRANT BENJAMIN BRACO’S MOTION TO DISMISS On September 13, 2022, United States Magistrate Judge Julie K. Hampton issued a “Memorandum and Recommendation to Grant Benjamin Braco's Motion to Dismiss” (M&R, D.E. 46). The parties were 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 Indus., Inc.,

434 F.3d 303, 308

(5th Cir. 2005) (citing Douglass v. United Servs. 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. 46), 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 Defendant’s Motion to Dismiss (D.E. 40) is GRANTED and this action is DISMISSED WITH PREJUDICE. ORDERED on October 13, 2022. [phy GONZAIGS RAMOS UNITED STATES DISTRICT JUDGE

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