Opinion
Civil Action 2:23-CV-00052
10-19-2023
CESAR ALEJANDRO IBARRA, Petitioner, v. J.W. COX, Respondent.
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
NELVA GONZALES RAMOS, UNITED STATES DISTRICT JUDGE
On September 14, 2023, United States Magistrate Judge Jason B. Libby issued his Memorandum and Recommendation (D.E. 13), recommending that Respondent's Motion for Summary Judgment (D.E. 12) be granted and this action be dismissed. The parties were provided proper notice of, and opportunity to object to, the Magistrate Judge's memorandum and recommendation. 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 memorandum and recommendation 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 memorandum and recommendation. 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 memorandum and recommendation (D.E. 13), 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 motion for summary judgment (D.E. 12) is GRANTED and this action is DISMISSED as moot and/or for failure to exhaust administrative remedies.