Opinion
CIVIL W-22-CV-00695-ADA
03-21-2024
VINCIN CAMPISE, Plaintiff, v. HECTOR DAVILLA, VICTOR MERILES, ALONZO ROBLES, ROBERTA RICO, 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. 37. The report recommends Defendants' Motion to Dismiss (ECF No. 21) be GRANTED for a lack of subject-matter jurisdiction, insufficient process, and failure to state a claim upon which relief can be granted. The report and recommendation was filed on February 28, 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). A district court need not consider “[f]rivolous, conclusive, or general objections.” Battle v. U.S. Parole Comm'n, 834 F.2d 419, 421 (5th Cir. 1987) (quoting Nettles v. Wainwright, 677 F.2d 404, 410 n.8 (5th Cir. 1982) (en banc), overruled on other grounds by Douglass v. United States Auto. Ass'n, 79 F.3d 1415 (5th Cir. 1996)).
Plaintiff filed objections on March 8, 2024. ECF No. 38. It appears to the Court that Plaintiff withdrew his objections on March 11, 2024. ECF No. 39. Therefore, the Court will treat the proposed findings and recommendations of the magistrate judge as though no objections were timely filed.
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 Derek T. Gilliland, ECF No. 37, is ADOPTED.
IT IS FURTHER ORDERED that to the extent Plaintiff did not withdraw its objections, Plaintiff's objections are OVERRULED.
IT IS FINALLY ORDERED that Defendants' Motion to Dismiss, ECF No. 21, is GRANTED in accordance with the Report and Recommendation.