From Casetext: Smarter Legal Research

Chapman v. Mercedita Flynn FNP-C

United States District Court, Southern District of Texas
Jul 13, 2023
Civil Action 2:22-CV-00117 (S.D. Tex. Jul. 13, 2023)

Opinion

Civil Action 2:22-CV-00117

07-13-2023

CALEB AARON CHAPMAN, Plaintiff, v. MERCEDITA FLYNN FNP-C, et al., Defendants.


ORDER ADOPTING MEMORANDUM AND RECOMMENDATION TO DENY THE PARTIES' DISPOSITIVE MOTIONS

NELVA GONZALES RAMOS, UNITED STATES DISTRICT JUDGE

On June 7, 2023, United States Magistrate Judge Julie K. Hampton issued a “Memorandum and Recommendation to Deny the Parties' Dispositive Motions” (M&R, D.E. 41). The parties were provided proper notice of, and opportunity to object to, the Magistrate Judge's M&R. Fed.R.Civ.P. 72(b); 28 U.S.C. § 636(b)(1); General Order No. 2002-13. No objections have been timely filed.

When no timely objection to a magistrate judge's M&R is filed, the district court need only satisfy itself that there is no clear error on the face of the record and accept the magistrate judge's M&R. Guillory v. PPG Indus., Inc., 434 F.3d 303, 308 (5th Cir. 2005) (citing Douglass v. United Servs. Auto Ass'n, 79 F.3d 1415, 1420 (5th Cir. 1996)).

Having reviewed the findings of fact and conclusions of law set forth in the Magistrate Judge's M&R (D.E. 41), and all other relevant documents in the record, and finding no clear error, the Court ADOPTS as its own the findings and conclusions of the Magistrate Judge. Accordingly, the Defendants' Motion to Dismiss (D.E. 27), construed as a motion for summary judgment, is DENIED WITHOUT PREJUDICE and Plaintiff's Motion for Summary Judgment (D.E. 29) is DENIED WITHOUT PREJUDICE.


Summaries of

Chapman v. Mercedita Flynn FNP-C

United States District Court, Southern District of Texas
Jul 13, 2023
Civil Action 2:22-CV-00117 (S.D. Tex. Jul. 13, 2023)
Case details for

Chapman v. Mercedita Flynn FNP-C

Case Details

Full title:CALEB AARON CHAPMAN, Plaintiff, v. MERCEDITA FLYNN FNP-C, et al.…

Court:United States District Court, Southern District of Texas

Date published: Jul 13, 2023

Citations

Civil Action 2:22-CV-00117 (S.D. Tex. Jul. 13, 2023)