Martin v. Busby

District Court, S.D. Texas

Martin v. Busby

Trial Court Opinion

UNITED STATES DISTRICT COURT December 04, 2023 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION

DANIEL NEAL MARTIN, § § Petitioner, § § VS. § CIVIL ACTION NO. 2:23-CV-00139 § LARRY R BUSBY, § § Respondent. §

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION

On September 26, 2023, United States Magistrate Judge Julie K. Hampton issued her “Memorandum and Recommendation” (D.E. 13), recommending that this action be dismissed without prejudice as moot. The parties were provided proper notice of, and opportunity to object to, the Magistrate Judge’s memorandum and recommendation. 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 memorandum and recommendation 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 memorandum and recommendation. 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 memorandum and recommendation (D.E. 13), 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 Magistrate Judge. Accordingly, Respondent’s Motion to Dismiss (D.E. 11) is GRANTED and this action is DISMISSED WITHOUT PREJUDICE as moot. ORDERED on December 4, 2023. Joel GONZAIGS RAMOS UNITED STATES DISTRICT JUDGE

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