Opinion
6-21-CV-491-ADA-DTG
09-10-2024
JULIA BONNEWITZ, Plaintiff, v. BAYLOR UNIVERSITY, BRIAN BOLAND, AND MICHAEL WOODSON, Defendants.
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
ALAN D ALBRIGHT UNITED STATES DISTRICT JUDGE
Before the Court is the Report and Recommendation of United States Magistrate Judge Derek T. Gilliland. ECF No. 69. The report recommends that, under 28 U.S.C § 1367, all counts and claims in Plaintiff's Verified Second Amended Complaint as to Defendant Brian Boland be DISMISSED WITHOUT PREJUDICE, and that Defendant's Rule 12(b)(6) Motion to Dismiss Plaintiff's Second Complaint (ECF No. 33) be DENIED AS MOOT. The report and recommendation was filed on August 26, 2024.
A party may file specific, written objections to the proposed findings and recommendations of the magistrate judge within fourteen days after being served with a copy of the report and recommendation, thereby securing de novo review by the district court. 28 U.S.C. § 636(b); Fed.R.Civ.P. 72(b). As of today, neither party has filed objections.
When no objections are timely filed, a district court reviews the magistrate judge's report and recommendation for clear error. See Fed.R.Civ.P. 72 Advisory Committee's Note (“When no timely objection is filed, the [district] court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.”). The Court has reviewed the report and recommendation and finds no clear error.
IT IS THEREFORE ORDERED that the Report and Recommendation of United States Magistrate Judge Gilliland (ECF No. 69) is ADOPTED.
IT IS FURTHER ORDERED that all counts and claims in Plaintiff's Verified Second Amended Complaint as to Defendant Brian Boland are DISMISSED WITHOUT PREJUDICE.
IT IS FURTHER ORDERED that Defendant's Rule 12(b)(6) Motion to Dismiss (ECF No. 33) is DENIED AS MOOT.