Dunn v. Gibbs
Dunn v. Gibbs
Trial Court Opinion
Southern District of Texas . ENTERED UNITED STATES DISTRICT COURT November 01, 2022 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk . CORPUS CHRISTI DIVISION RON DUNN, et al., § _ Plaintiffs, oe CIVIL ACTION NO. 2:22-CV-00201 DEBRA GIBBS, et al., . Defendants. ORDER ADOPTING MEMORANDUM & RECOMMENDATION Before the Court is Magistrate Judge Mitchel Neurock’s Memorandum and Recommendation (“M&R”). (D.E. 19). The M&R recommends that the Court construe Plaintiff Gilbert Delos Santos’s letter to the Court, (D.E. 16), as a notice of dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i) and that the Court dismiss Plaintiff Delos Santos’s claims without prejudice. (D.E. 19, p. 2). ge The parties were provided proper notice of, and the opportunity to object to, the Magistrate Judge’s M&R. See
28 U.S.C. § 636(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,
864 F.2d 1219, 1221(Sth Cir. 1989) (per curiam); Badaiki v. Schlumberger Holdings Corp.,
512 F. Supp. 3d 741, 743-44 (S.D. Tex. 2021) (Eskridge, J.). Having reviewed the proposed findings and conclusions of the Magistrate Judge, the filings of the parties, the record, and the applicable law, and finding that the M&R is not clearly erroneous contrary to law, the Court ADOPTS the M&R in its entirety. (D.E. 19). Accordingly, the Court DISMISSES without prejudice Plaintiff Delos Santos’s claims. (D.E. 1). The Clerk of Court is
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DIRECTED to TERMINATE Gilbert DeLos Santos as a plaintiff in this case. SO ORDERED. □ / DA . MORALES UNITED STATES DISTRICT JUDGE
Dated: Corpus Christi, Texas November 1, 2022
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Reference
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