Carson v. McDevitt

District Court, W.D. Texas

Carson v. McDevitt

Trial Court Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION ANISSA D. CARSON, § § Plaintiff, § § § § JOHN R. MCDEVITT, AND/OR HIS § SUCCESSOR, INDIVIDUALLY, § IN HIS OFFICIAL CAPACITY AS § CFO OF HOMELOAN SERVICE § CIVIL NO. SA-23-CV-00494-OLG INC. OF BOISE, ID, AN ENS LEGIS § BEING USED TO CONCEAL § FRAUD; AND TROY MARTIN, § AND/OR HIS SUCCESSOR, § INDIVIDUALLY, AND HIS § OFFICIAL CAPACITY AS BONIAL § & ASSOCIATES, P.C./TROY § MARTIN, SUBSTITUTE TRUSTEE, § AN ENS LEGIS BEING USED TO § CONCEAL FRAUD, § § Defendants. § ORDER ADOPTING REPORT AND RECOMMENDATION The Court has considered United States Magistrate Judge Elizabeth S$. Chestney’s Report and Recommendation (R&R), filed September 25, 2023, concerning the Motion to Dismiss for lack of subject-matter jurisdiction, personal jurisdiction, insufficient service of process, and failure to state a claim upon which relief can be granted filed by Defendant Bonial & Associates on behalf of all Defendants. (See R&R, Dkt. No. 6.) Any party who desires to object to a Magistrate Judge’s findings and recommendations must serve and file written objections within fourteen days after being served with a copy of the findings and recommendations.

28 U.S.C. § 636

(b)(1). Plaintiff was served with a copy of the R&R by certified mail on September 26, 2023 (see Dkt. No. 8), and the time to object has passed.'

'A party desiring to object to a magistrate judge’s findings and recommendations must file and serve written objections within fourteen days after being served with the recommendations. 28 U.S.C.§ 636(b)(1)(C); FED. R. Civ.

Because no party has objected to the Magistrate Judge’s findings or recommendations, the Court has reviewed the R&R for clear error. See United States v. Wilson,

864 F.2d 1219, 1221

(5th Cir. 1989), cert. denied,

492 U.S. 918

(1989). After such review, the Court finds that the R&R is neither clearly erroneous nor contrary to law. Accordingly, the Court ACCEPTS the Magistrate Judge’s R&R (Dkt. No. 6) and, for the reasons set forth therein, Defendants’ Motion to Dismiss (Dkt. No. 5) is GRANTED. This case is CLOSED. It isso ORDERED.

SIGNED thc 7 day of October, 2023.

ORLANDO L. GARCIA United States District Judge

P. 72(b)(2). Service is made to the last-known address of the party, and service by mail is complete upon mailing. FED. R. P. 5(b)(2)(C).

Reference

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