Moore v. Cox

District Court, S.D. Texas

Moore v. Cox

Trial Court Opinion

Southern District of Texas ENTERED UNITED STATES DISTRICT COURT vo □□□ erk SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION TYRONE MOORE, § Petitioner, V. CIVIL ACTION NO. 2:22-CV-00257 WARDEN COX, Respondent. ORDER ADOPTING MEMORANDUM & RECOMMENDATION Before the Court is Magistrate Judge Jason Libby’s Memorandum and Recommendation (““M&R”), (D.E. 12). The M&R recommends that the Court grant Defendant’s motions to dismiss, (D.E. 10), and dismiss Petitioner’s claims as moot. 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. Crv. 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 vy. Wilson,

864 F.2d 1219, 1221

(5th 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 or contrary to law, the Court ADOPTS the M&R in its entirety. (D.E. 12). Accordingly, the Court GRANTS Defendant’s motions to dismiss. (D.E. 10). All claims in this action are DISMISSED as moot. (D.E. 1). The Clerk of Court is DIRECTED to CLOSE this case.

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SO ORDERED. : DAVID St MORALES UNITED STATES DISTRICT JUDGE

Dated: Corpus Christi, Texas May (47 Pe 2023

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Reference

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