Opinion
23-CV-00125-DC
07-30-2024
RICHARD RAY MATHIS, and EVELYN KAY MATHIS, Plaintiffs, v. ELIZON MASTER PARTICIPATION TRUST I, U.S. BANK TRUST NATIONAL ASSOCIATION, OWNER TRUSTEE, Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION
DAVID COUNTS UNITED STATES DISTRICT JUDGE
Before the Court is the report and recommendation from United States Magistrate Judge Ronald C. Griffin concerning Plaintiffs' motion to remand. Under 28 U.S.C. § 636(b) and Rule 1(d) of Appendix C of the Local Rules of the United States District Court for the Western District of Texas, Judge Griffin issued his report and recommendation on July 9, 2024. As of the date of this order, no party has filed objections to the report and recommendation.
ECF No. 21.
ECF No. 10.
Under 28 U.S.C. § 636(b), a party may serve and file specific, written objections to a magistrate judge's proposed findings and recommendations within fourteen days after being served with a copy of the report and recommendation and, in doing so, secure de novo review by the district court. When no objections are timely filed, a district court can review the magistrate's report and recommendation for clear error.
See Fed.R.Civ.P. 72 advisory committee's note (“When 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.”).
Because no party has filed timely objections, the Court reviews the report and recommendation for clear error. Having done so and finding no clear error, the Court accepts and adopts the report and recommendation as its own order.
Accordingly, the Court ORDERS that the Report and Recommendation of the United States Magistrate Judge is ADOPTED. Plaintiffs' motion to remand is GRANTED.
ECF No. 21.
ECF No. 10.
It is ORDERED that this case be remanded to the 441st Judicial District of Midland County, Texas.
It is also ORDERED that any other pending motions be DENIED AS MOOT.
It is so ORDERED.