Martinez v. United Property and Casualty Insurance Company

District Court, S.D. Texas

Martinez v. United Property and Casualty Insurance Company

Trial Court Opinion

□ Southern District of Texas ENTERED UNITED STATES DISTRICT COURT April 10, 2023 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk BROWNSVILLE DIVISION ELVIRA MARTINEZ, § § Plaintiff, § § VS. § CIVIL NO. 1:23-CV-00010 § UNITED PROPERTY AND CASUALTY §8 INSURANCE COMPANY, § § Defendant. § ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Before the Court is the “Magistrate Judge’s Report and Recommendation” (“R&R”) (Dkt. No. 12). The R&R recommends the Court (1) dismiss Plaintiffs “Original Petition” (Dkt. No. 1-1) without prejudice; and (2) direct the Clerk of the Court to close this case. Dkt. No. 12 at 1. Objections were due March 20, 2023; neither party filed objections. If there have been no objections to the magistrate’s ruling, then the appropriate standard of review is “clearly erroneous, abuse of discretion and contrary to law.” United States v. Wilson,

864 F.2d 1219, 1221

(Sth Cir. 1989). Finding no clear error, abuse of discretion, or finding contrary to law, the R&R is ADOPTED. Plaintiffs claims against Defendant are DISMISSED without prejudice. The Clerk of the Court is ORDERED to close this case.

. . □□ Signed on April 10, 2023. , dy Oo it Rolando Olvé United States District Judge

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