Opinion
CIVIL SA-23-CV-01017-OLG
02-22-2024
HERBERT FEIST, Plaintiff, v. UNITED STATES OF AMERICA BY AND THROUGH ORTHOPEDIC, FT. HOOD HOSPITAL, ANETHESIALO-GIST, FT. HOOD HOSPITAL, and UNITED STATES OF AMERICA, Defendants.
ORDER
ORLANDO L. GARCIA, United States District Judge.
The Court has considered United States Magistrate Judge Elizabeth S. Chestney's Report and Recommendation (R&R), filed December 8, 2023, concerning the Motion to Dismiss filed by Defendant United States of America. (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 days after being served with a copy of the findings and recommendations. FED. R. CIV. P. 72(B)(2). THE R&R WAS MAILED BY CERTIFIED MAIL ON DECEMBER 8, 2023 (see Dkt. No. 10), and no objections have been filed.
A party desiring to object to a magistrate judge's findings and recommendations must file and serve written objections within fourteen days after being served with the recommendations. 28 U.S.C. § 636(b)(1)(C); FED. R. CIV. P. 72(B)(2). SERVICE IS MADE TO THE LAST-KNOWN ADDRESS OF THE PARTY, AND SERVICE BY MAIL IS COMPLETE UPON MAILING. FED. R. CIV. P. 5(B)(2)(C).
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 (5th 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. Accordingly, the Court ACCEPTS the Magistrate Judge's R&R (Dkt. No. 9) and, for the reasons set forth therein, Defendant's Motion to Dismiss (Dkt. No. 7) is GRANTED and Plaintiff's claims are DISMISSED WITHOUT PREJUDICE.
This case is CLOSED.
It is so ORDERED.