UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS WACO DIVISION

ICE ROVER, INC., § § Plaintiff, § § v. § CIVIL NO. W-22-CV-00797-ADA § LIFETIME PRODUCTS, INC., § § Defendant. § §

ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Before the Court is the Report and Recommendation of United States Magistrate Judge Derek T. Gilliland. ECF No. 33. The Report recommends that this Court grant Defendant’s Motion to Dismiss for Improper Venue, ECF No. 8. Specifically, the Report recommends that this Court dismiss this case without prejudice rather than transfer it to another venue. A party may file specific, written objections to the proposed findings and recommendations of the magistrate judge within fourteen days after being served with a copy of the report and rec- ommendation, thereby securing de novo review by the district court.

(b); Fed. R. Civ. P. 72(b). A district court need not consider “[f]rivolous, conclusive, or general objections.” Battle v. U.S. Parole Comm’n,

(5th Cir. 1987) (quoting Nettles v. Wainwright,

, 410 n.8 (5th Cir. 1982) (en banc), overruled on other grounds by Douglass v. United States Auto. Ass’n,

(5th Cir. 1996)). Plaintiff filed objections on September 20, 2023. ECF No. 35. Defendant filed a response to Plaintiff’s objections on October 3, 2023. ECF No. 38. The Court has conducted a de novo review of the motion to dismiss, the response, the reply, the report and recommendation, the ob- jection to the report and recommendation, the response to the objection, and the applicable laws. After that thorough review, the Court is persuaded that the Magistrate Judge’s findings and rec- ommendation should be adopted. IT IS THEREFORE ORDERED that the Report and Recommendation of United States Magistrate Judge Gilliland, ECF No. 33, is ADOPTED. IT IS FURTHER ORDERED that Plaintiff's objections are OVERRULED. IT IS FURTHER ORDERED that Defendant’s Motion to Dismiss for Improper Venue, ECF No. 8, is GRANTED. IT IS FURTHER ORDERED that the above-captioned action is DISMISSED WITH- OUT PREJUDICE. IT IS FINALLY ORDERED that the Clerk of Court is respectfully directed to close the case.

SIGNED this 4th day of October, 2023.

‘ Nace fh UNITED STATES DISTRICT JUDGE