Opinion
CIVIL SA-23-CV-1298-OLG
02-20-2024
JAURICE ANTWAIN PAYNE Plaintiff v. SAN ANTONIO WATER SYSTEM Defendant
ORDER ACCEPTING MAGISTRATE JUDGE'S RECOMMENDATION
ORLANDO L. GARCIA, UNITED STATES DISTRICT JUDGE
On this date the Court considered the report and recommendation of United States Magistrate Judge Henry J. Bemporad, filed in the above-styled and numbered cause on January 17, 2024. Docket no. 5. The parties were served with a copy of the recommendation, and no objections have been filed. Where no party has objected to the Magistrate Judge's recommendation, the Court need not conduct a de novo review. Instead, the Court need only review the recommendation and determine whether it is either clearly erroneous or contrary to law. United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir.), cert, denied, 492 U.S. 918 (1989).
A party desiring to object to a magistrate judge's findings and recommendations must file and serve written objections within 14 days after being served with the recommendations. 28 U.S.C. § 636(b)(1); FED. R. Civ. P. 72(b)(2). Service is made to the last known address of the party or his attorney, and service by mail is complete upon mailing. Fed.R.Civ.P. 5(b). It is incumbent on all parties to keep the Court apprised of their current address.
The Court has reviewed the recommendation and the findings and conclusions therein are neither clearly erroneous nor contrary to law. It is therefore ORDERED that the recommendation of United States Magistrate Judge Henry J. Bemporad (docket no. 5) is hereby ACCEPTED pursuant to 28 U.S.C. § 636(b)(1). It is further ORDERED that all claims asserted in Plaintiffs amended complaint are DISMISSED for lack of subject matter jurisdiction or, alternatively, for failure to state a claim and as frivolous. See Fed.R.Civ.P. 12(h); 29 U.S.C. § 1915(e)(2)(B)(i)-(ii). This case may be CLOSED.