Opinion
Civil Action 4:22-cv-00633
09-28-2022
SHERYL GARNER, et al., Plaintiffs. v. CITY OF HOUSTON POLICE DEPARTMENT, et al., Defendants.
ORDER ADOPTING MAGISTRATE JUDGE'S MEMORANDUM AND RECOMMENDATION
GEORGE C. HANKS, JR. UNITED STATES DISTRICT JUDGE.
On June 14, 2022, Defendants' Motion to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6) (Dkt. 12, “Motion to Dismiss”) was referred to United States Magistrate Judge Andrew M. Edison under 28 U.S.C. § 636(b)(1)(B). See Dkt. 16. On September 7, 2022, Defendants' Motion to Strike Plaintiffs' “Response to Motion to Dismiss” (Dkt. 19, “Motion to Strike”) was also referred to Judge Edison. Dkt. 20. Judge Edison filed a Memorandum and Recommendation on September 11, 2022, recommending that Defendants' Motion to Dismiss (Dkt. 12) be GRANTED, and Defendants' Motion to Strike (Dkt. 19) be DENIED as moot. See Dkt. 21.
No objections have been filed to the Memorandum and Recommendation. Accordingly, the Court reviews the Memorandum and Recommendation for plain error on the face of the record. 28 U.S.C. § 636(b)(1); see also FED. R. CIV. P. 72(b)(3). 1
Based on the pleadings, the record, and the applicable law, the Court finds that there is no plain error apparent from the face of the record. Accordingly, it is hereby ORDERED and ADJUDGED that:
(1) Judge Edison's Memorandum and Recommendation (Dkt. 21) is APPROVED and ADOPTED in its entirety as the holding of the Court; and
(2) Defendants' Motion to Dismiss (Dkt. 12) is GRANTED; and
(3) Defendants' Motion to Strike (Dkt. 19) is DENIED as moot.
It is so ORDERED.
SIGNED and ENTERED. 2