Opinion
CIVIL ACTION NO. 4:14-CV-03498
10-11-2017
GLENN GREEN, et al, Plaintiffs, v. WELLS FARGO BANK, N.A., Defendant.
ORDER
Before the Court is the Magistrate Court's Memorandum and Recommendation (Doc. #39) Granting Defendants' Motion for Summary Judgment (Doc. #27). The time for filing objections has passed, and no objections have been filed. Pursuant to Federal Rule of Civil Procedure 72(b), the Court has reviewed the Report and Recommendation for clear error. See Cruz v. Colvin, No. 7:14-CV-780, 2016 WL 728182, at *1 (S.D. Tex. Feb. 24, 2016). Finding no clear error, the Court adopts the Memorandum and Recommendation in its entirety. Accordingly, Plaintiffs' Second Amended Complaint is DISMISSED with prejudice. Plaintiffs shall not be given another opportunity to amend.
As noted by the Fifth Circuit, "[t]he advisory committee's note to Rule 72(b) states that, '[w]hen 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.'" Douglas v. United Services Auto. Ass'n, 79 F.3d 1415, 1420 (5th Cir. 1996) (quoting Fed. R. Civ. P.72(b) advisory committee's note (1983)) superseded by statute on other grounds by 28 U.S.C. § 636(b)(1), as stated in ACS Recovery Servs., Inc v. Griffin, No. 11-40446, 2012 WL 1071216, at *7 n.5 (5th Cir. April 2, 2012). --------
It is so ORDERED. OCT 11 2017
Date
/s/_________
The Honorable Alfred H. Bennett
United States District Judge