Potter v. Crestbrook Ins. Co.

District Court, E.D. Texas

Potter v. Crestbrook Ins. Co.

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION ARIA POTTER, ET AL. § § v. § CIVIL ACTION NO. 5:23-cv-98-RWS-JBB § CRESTBROOK INSURANCE § COMPANY § ORDER ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE The above-entitled and numbered civil action was referred to United States Magistrate Judge J. Boone Baxter pursuant to

28 U.S.C. § 636

. On February 27, 2024, the Magistrate Judge issued a Report and Recommendation, recommending Plaintiffs’ Motion for Emergency Temporary Restraining Order (Docket No. 8) be denied. Docket No. 19. No objections to the Report and Recommendation have been filed. Because no objections have been filed, Plaintiffs are barred from de novo review by the District Court of the Magistrate Judge’s findings, conclusions, and recommendations; and, except upon grounds of plain error, from appellate review of the unobjected-to factual findings and legal conclusions accepted and adopted by the District Court. See Duarte v. City of Lewisville,

858 F.3d 348, 352

(5th Cir. 2017); Arriaga v. Laxminarayan, Case No. 4:21-CV-00203-RAS,

2021 WL 3287683

, at *1 (E.D. Tex. July 31, 2021). The Court has reviewed the pleadings in this case and the Report of the Magistrate Judge. Upon such review, the Court has determined the Report of the Magistrate Judge is correct. See United States v. Wilson,

864 F.2d 1219, 1221

(5th Cir.), cert. denied,

492 U.S. 918

(1989) (where no objections to a Magistrate Judge’s report are filed, the standard of review is “clearly erroneous, abuse of discretion and contrary to law.”). Accordingly, it is ORDERED that the Report of the Magistrate Judge (Docket No. 19) is ADOPTED as the opinion of the District Court. It is further ORDERED that Plaintiffs’ Motion for Emergency Temporary Restraining Order (Docket No. 8) is DENIED.

So ORDERED and SIGNED this 14th day of March, 2024.

foobert Lv e ROBERT W. SCHROEDER III UNITED STATES DISTRICT JUDGE

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