Davidson v. Charter Spectrum

District Court, W.D. Texas

Davidson v. Charter Spectrum

Trial Court Opinion

FILED UNITED STATES DISTRICT COURT onartn 21 2025 WESTERN DISTRICT OF TEXAS WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION BY. NM HEATHER DAVIDSON, § “ee

Plaintiff, ; v. : CIVIL NO. SA-24-CV-01482-OLG CHARTER SPECTRUM, : Defendant. : ORDER ADOPTING REPORT AND RECOMMENDATION The Court has considered United States Magistrate Judge Elizabeth S. Chestney’s Report and Recommendation (R&R), filed March 14, 2025, concerning the dismissal of Plaintiff’s claims for failure to state a claim pursuant to

28 U.S.C. § 1915

(e). (See R&R, Dkt. No. 9). Any party who desires to object to a Magistrate Judge’s findings and recommendations must serve and file specific written objections within fourteen (14) days after being served with a copy of the findings and recommendations. FED. R. Civ. P. 72(b)(2). A copy of the R&R was mailed to Plaintiff via certified mail on March 17, 2025. (See Dkt. No. 9). Based on the record, Plaintiff received a copy of the R&R. (See Dkt. No. 12). To date, no objections have been filed, and the time to do so 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.

The Court therefore ADOPTS the Magistrate Judge’s R&R (Dkt. No. 9) as the opinion of the Court pursuant to

28 U.S.C. § 636

(b)(1) and DISMISSES this case for failure to state a claim pursuant to § 1915(e). See

28 U.S.C. § 1915

(e)(2). All pending motions in this case are DENIED as moot. This case is CLOSED. Itisso ORDERED.

SIGNED this +) day of April, 2025.

ORLANDO L. GARCIA United States District Judge

Reference

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