Tyson v. Launch Technical Workforce Solutions LLC
Tyson v. Launch Technical Workforce Solutions LLC
Trial Court Opinion
FILED January 14, 2025 UNITED STATES DISTRICT COURT CLERK, US, DISTRICT COURT WESTERN DISTRICT OF TEXAS WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION BY: NM DEPUTY MARK TYSON, § § Plaintiff, § § v. § CIVIL NO. SA-23-CV-01423-OLG § LAUNCH TECHNICAL § WORKFORCE SOLUTIONS, LLC, § § Defendant. § ORDER ADOPTING REPORT AND RECOMMENDATION The Court has considered United States Magistrate Judge Henry J. Bemporad’s Report and Recommendation (R&R), filed December 11, 2024, concerning Defendant’s Revised Motion to Dismiss Plaintiff’s Second Amended Complaint (Dkt. No. 39). (See R&R, Dkt. No. 45.) Any party who desires to object to a Magistrate Judge’s findings and recommendations must serve and file specific written objections within fourteen days after being served with a copy of the findings and recommendations. FED. R. Civ. P. 72(b)(2). The parties through counsel, were electronically served with a copy of the R&R on December 12, 2024, and the time to object has passed. Because no party has objected to the Magistrate Judge’s findings or recommendations, the Court reviews the R&R for clear error. See United States v. Wilson,
864 F.2d 1219, 1221(Sth Cir. 1989); cf
28 U.S.C. § 636(b)(1) (“A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which an objection is made.”) After such review, the Court finds that the R&R is neither clearly erroneous nor contrary to law.
Accordingly, the Court ADOPTS the Magistrate Judge’s R&R (Dkt. No. 45) and, for the reasons set forth therein, Defendant’s Revised Motion to Dismiss (Dkt. No. 39) is GRANTED, and Plaintiffs claims in the Second Amended Complaint are DISMISSED. This case is CLOSED. Itisso ORDERED.
SIGNED this ( day of January, 2025.
ORLANDO L. GARCIA United States District Judge
Reference
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