Opinion
6:21-cv-1812-CEM-EJK
08-29-2024
MICHAEL WAYNE MCDANIEL, Petitioner, v. DAVID GABLE, Respondent.
ORDER
CARLOS E. MENDOZA UNITED STATES DISTRICT JUDGE
THIS CAUSE is before the Court on Petitioner's Motion for Summary Judgment Seeking Exoneration from Liability (“Motion,” Doc. 27). The United States Magistrate Judge issued a Report and Recommendation (Doc. 30), recommending that the Motion be granted, (id. at 5).
After review in accordance with 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72, and noting that no objections were timely filed, the Magistrate Judge's recommended disposition is accepted. Accordingly, it is ORDERED and ADJUDGED as follows:
1. The Report and Recommendation (Doc. 30) is ADOPTED and made a part of this Order.
2. The Petitioner's Motion for Summary Judgment Seeking Exoneration from Liability (Doc. 27) is GRANTED.
3. Petitioner Michael Wayne McDaniel is ENTITLED to exoneration from liability for the February 28, 2021, personal injury of David Gable aboard Petitioner's 2021 Boston Whaler 160 Super Sport vessel (Hull Identification No. BWCE1038J021).
4. The Clerk is directed to enter judgement accordingly and close this case.
DONE and ORDERED.