Okon v. Hide-A-Way Lake Club, Inc.

District Court, E.D. Texas

Okon v. Hide-A-Way Lake Club, Inc.

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:24-cv-00224 Louis Eugene Okon, Plaintiff, V. Hide-A-Way Lake Club, Inc., Defendant.

ORDER Plaintiff Louis Eugene Okon filed this action asserting claims for violations of rights secured to him by the United States and Texas Constitutions. Doc. 1. The case was referred to United States Magistrate Judge K. Nicole Mitchell pursuant to

28 U.S.C. § 636

(b). Doc. 16. On November 20, 2024, the magistrate judge issued a report recommending that plaintiff’s federal constitutional claims be dismissed without prejudice’ for failure to state a claim. Doc. 19 at 12. The magistrate judge further recommended that the court decline to exercise supplemental jurisdiction over plaintiff’s state constitutional claims. /d. at 14. Neither party filed written objec- tions. When a party fails to object to a magistrate judge’s report, the court reviews the record only for clear error. See Douglass ». United Servs. Auto. Ass’n,

79 F.3d 1415, 1420

(5th Cir. 1996). Hav- ing reviewed the magistrate judge’s report, and being satisfied that it contains no clear error, the court accepts its findings and

! The magistrate judge’s report recommends dismissal “with prejudice” in the introduction and “without prejudice” throughout the rest of the report, including the conclusion. Therefore, this court will disregard the introduc- tion’s recommendation as clerical error and will accept the prevalent recom- mendation to dismiss this case without prejudice. In any event, though the parties disputed the prejudicial effect of any relief, compare Doc. 6 at 14 with Doc. 17 at 3, neither party objected to the report. -l-

recommendation. Plaintiff’s action is dismissed without preju- dice. Any pending motions are denied as moot. So ordered by the court on February 7, 2025.

j/ CAMPBELL BARKER United States District Judge

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Reference

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