Southern District of Texas ENTERED UNITED STATES DISTRICT COURT March 14, 2023 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION WINCY JOSEPH, § § Petitioner, § § § CIVIL ACTION NO. 2:22-CV-00118 § UNITED STATES OF AMERICA, § § Respondent. § ORDER ADOPTING MEMORANDUM & RECOMMENDATION Before the Court is Magistrate Judge Jason Libby’s Memorandum and Recommendation (“M&R”). (D.E. 22). The M&R recommends that the Court grant Respondent’s motion to dismiss, (D.E. 21). (D.E. 22, p. 5). The parties were provided proper notice of, and the opportunity to object to, the Magistrate Judges M&R. See

(b)(1); FED. R. Clv. 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 1s clearly erroneous or contrary to law. United States v. Wilson,

(Sth Cir. 1989) (per curiam); Badaiki v. Schlumberger Holdings Corp..

, 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 or contrary to law. the Court ADOPTS the M&R in its entirety. (D.E. 22). Accordingly, the Court GRANTS Respondent's motion to dismiss. (D.E. 21). All 1/2

claims in this action are DISMISSED. A final judgment will be entered separately. SO ORDERED. DA □ MORALES UNITED STATES DISTRICT JUDGE

Dated: Corpus Christi, Texas March /37*, 2023

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