Opinion
Civil Action 1:22-cv-00157
08-07-2023
MERARDO HERNANDEZ, “Plaintiff”, v. TEXAS HEALTH AND HUMAN SERVICES COMMISSION, “Defendant”.
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
ROLANDO OLVERA, UNITED STATES DISTRICT JUDGE
Before the Court is Defendant's “Motion to Dismiss Plaintiffs First Amended Complaint” (“MTD”) (Dkt. No. 10) and the “Magistrate Judge's Report and Recommendation” (“R&R”) (Dkt. No. 16). The R&R recommends this Court (1) grant Defendant's MTD (Dkt. No. 10); and (2) direct the Clerk of Court to close this case.
No objections were filed by either party. When no objections are filed to a magistrate judge's ruling, the district court applies the “clearly erroneous, abuse of discretion and contrary to law” standard of review. United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989). Finding no clear error, abuse of discretion, or finding contrary to law, the R&R is ADOPTED.
Defendant's MTD (Dkt. No. 10) is GRANTED. Plaintiff's claims are DISMISSED. The Clerk of Court is ORDERED to close this case.