Banda v. City of McAllen, Texas

UNITED STATES DISTRICT COURT December 21, 2023 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk MCALLEN DIVISION CYNTHIA BANDA, § § Plaintiff, § § VS. § Civil Case No. 7:23-CV-00341 § CITY OF MCALLEN, TEXAS, § § Defendant. § ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Pending before the Court is the December 5, 2023 Memorandum and Recommendation (“M&R”) prepared by Magistrate Judge Peter Bray. (Dkt. No. 15).

Judge Bray made findings and conclusions and recommended that Defendant’s Motion to Dismiss, (Dkt. No. 4), be denied. (Dkt. No. 15).

The Parties were provided proper notice and the opportunity to object to the M&R. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). No party filed an objection. As a result, review is straightforward: plain error. Guillory v. PPG Indus., Inc., 434 F.3d 303, 308 (5th Cir. 2005). No plain error appears.

Accordingly, the Court accepts the M&R and adopts it as the opinion of the Court.

It is therefore ordered that: (1) Judge Bray’s M&R (Dkt. No. 15) is ACCEPTED and ADOPTED in its entirety as the holding of the Court; and (2) Defendant’s Motion to Dismiss, (Dkt. No. 4), is DENIED.

It is SO ORDERED.

Signed on December 21, 2023.

DREW B. TIPTON UNITED STATES DISTRICT JUDGE