Opinion
Civil Action SA-24-CA-00046-FB
09-11-2024
MAXXIM INDUSTRIES USA, II, LLC, Plaintiff, v. TEXAS CHROME TRANSPORT, INC., Defendant.
ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
FRED BIERY, UNITED STATES DISTRICT JUDGE
Before the Court is the Report and Recommendation of United States Magistrate Judge (docket no. 44), filed in the above-captioned cause on August 23, 2024. To date, no objections to the Report and Recommendation have been received.
Any party who desires to object to a Magistrate's findings and recommendations must serve and file his, her or its written objections within fourteen days after being served with a copy of the findings and recommendation. 28 U.S.C. § 635(b)(1). If service upon a party is made by mailing a copy to the party's last known address, “service is complete upon mailing.” FED. R. CIV. P. 5(b)(2)(C). If service is by electronic means, “service is complete upon transmission.” Id. at (E).
Because no party has objected to the Magistrate Judge's Report and Recommendation, the Court need not conduct a de novo review. See 28 U.S.C. § 636(b)(1) ("A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings and recommendations to which objection is made."). The Court has reviewed the Report and Recommendation and finds its reasoning to be neither clearly erroneous nor contrary to law. United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir.), cert. denied, 492 U.S. 918 (1989).
IT IS THEREFORE ORDERED that the Report and Recommendation of United States Magistrate Judge (docket no. 44) is ACCEPTED pursuant to 28 U.S.C. § 636(b)(1) such that Texas Chrome Transport, Inc.'s Motion to Dismiss (docket no. 32) is DENIED. This case continues to be referred to the Magistrate Judge for further pretrial proceedings.
It is so ORDERED.