Saunders v. Cox

District Court, S.D. Texas

Saunders v. Cox

Trial Court Opinion

□ Southern District of Texas ENTERED February 26, 2024 UNITED STATES DISTRICT COURT Nathan Ochsner, Clerk SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION JASON SAUNDERS, § § Petitioner, § § V. § CIVIL ACTION NO. 2:23-CV-00125 § COX, § § Respondent. § ORDER ADOPTING MEMORANDUM & RECOMMENDATION Before the Court is Magistrate Judge Jason Libby’s Memorandum and Recommendation (“M&R”). (D.E. 16). The M&R recommends that the Court dismiss Petitioner’s case without prejudice for failure to exhaust administrative remedies. /d. at 1. 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. CIV. 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 v. Wilson,

864 F.2d 1219, 1221

(Sth 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. 16). Accordingly, the Court DISMISSES Petitioner’s case pursuant to Federal Rule of 1/2

Civil Procedure 41(b). All claims in this action are DISMISSED without prejudice. A final judgment will be entered separately. SO ORDERED. | /} // / Ds ‘S“MORALES D STATES DISTRICT JUDGE

Dated: Corpus Christi, Texas February 26/2024

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