Guy v. City of Corpus Christi

UNITED STATES DISTRICT COURT September 24, 2024 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION

WALTER KEVIN GUY, § § Plaintiff, § § VS. § CIVIL ACTION NO. 2:24-CV-00100 § CITY OF CORPUS CHRISTI, et al., § § Defendants. § ORDER ADOPTING MEMORANDUM AND RECOMMENDATION On August 15, 2024, United States Magistrate Judge Jason B. Libby issued his “Memorandum and Recommendation” (D.E. 12). Plaintiff was 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. 12), 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, this action is DISMISSED WITH PREJUDICE under 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim upon which relief can be granted.

ORDERED on September 24, 2024.

GONZAIGS RAMOS UNITED STATES DISTRICT JUDGE 2/2