Mary Ann Shelton v. PF Westpond, LLC
Mary Ann Shelton v. PF Westpond, LLC
Trial Court Opinion
FILED July 10, 2024 UNITED STATES DISTRICT COURT CLERK, US. DISTRICT COURT WESTERN DISTRICT OF TEXAS WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION BY: NM DEPUTY MARY ANN SHELTON, § § Plaintiff, § § Vv. § CIVIL NO. SA-22-CV-00973-OLG § PF WESTPOND, LLC and § WESTPOND UNIT II, LTD., § § Defendants. § ORDER ON REPORT AND RECOMMENDATION The Court has considered United States Magistrate Judge Henry J. Bemporad’s Report and Recommendation (R&R), filed June 13, 2024, concerning Defendant PF Westpond, LLC’s Motion for Summary Judgment. (See R&R, Dkt. No. 36.) A party who wishes to object to a Magistrate Judge’s findings and recommendations must serve and file specific written objections within fourteen days. FED. R. Civ. P. 72(b)(2). Plaintiff, through counsel, was electronically served with a copy of the R&R on June 13, 2024, and timely filed her objections on June 27, 2024 (see Dkt. No. 40). When a party objects to an R&R, the Court must make a de novo determination as to “any part of the magistrate judge’s disposition that has been properly objected to.” FED. R. P. 72(b)(3); see United States. v. Wilson,
864 F.2d 1219, 1221(Sth Cir. 1989), cert. denied,
492 U.S. 918(1989). Objections must be specific; frivolous, conclusory, or general objections need not be considered by the district court. Battle v. U.S. Parole Comm'n,
834 F.2d 419, 421(5th Cir. 1987) (quoting Nettles v. Wainwright,
677 F.2d 404, 410 n.8 (Sth Cir. 1982), overruled on other grounds by Douglass v. U.S. Auto. Ass’n,
79 F.3d 1415(Sth Cir. 1996)). Any portions of the Magistrate Judge’s findings or recommendations that were not objected to are reviewed for clear error. Wilson,
864 F.2d at 1221.
The Court has nevertheless reviewed the entirety of the R&R de novo and finds that it is in all things correct and should be accepted. Accordingly, the Court ADOPTS the Magistrate Judge’s R&R, and, for the reasons set forth therein, Defendant’s Motion for Summary Judgment (Dkt. No. 17) is GRANTED, and Plaintiff’s claims against Defendants are DISMISSED. This case is CLOSED. It isso ORDERED.
SIGNED this day of July, 2024.
ORLANDO L. GARCIA United States District Judge
Reference
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