Opinion
CIVIL ACTION NO. H-16-2206
04-07-2017
ORDER ADOPTING RECOMMENDATION OF THE MAGISTRATE JUDGE
Pending is Defendant's Motion to Dismiss (Document no. 6). The Court has received from the Magistrate Judge a Memorandum and Recommendation recommending that Defendant's Motion to Dismiss be GRANTED, and that this appeal be DISMISSED WITH PREJUDICE as untimely filed. No objections have been filed to the Magistrate's Recommendation. The Court, after having made a de novo determination of Defendant's Motion to Dismiss and the Memorandum and Recommendation, is of the opinion that the findings and recommendations of the Magistrate Judge are correct and should be and hereby are accepted by the Court in their entirety. Accordingly,
It is ORDERED and ADJUDGED for the reasons set forth in the Memorandum and Recommendation of the United States Magistrate Judge filed on February 23, 2017, which is adopted in its entirety as the opinion of this Court, that Defendant's Motion to Dismiss (Document No. 6) is GRANTED, and this proceeding is DISMISSED WITH PREJUDICE as untimely filed.
The Clerk will enter this Order and send copies to all parties of record.
Signed at Houston, Texas this 7TH day of April, 2017.
/s/_________
EWING WERLEIN, JR.
UNITED STATES DISTRICT JUDGE