Riley v. Tex. Gen. Hosp.

Full title: RICKEY LYNN RILEY, Plaintiff, v. TEXAS GENERAL HOSPITAL, Defendant.

Court: UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION

Date published: Aug 2, 2019

CASE NO. 6:19cv221-JDK-KNM (E.D. Tex. Aug. 2, 2019)

Opinion

CASE NO. 6:19cv221-JDK-KNM

08-02-2019

RICKEY LYNN RILEY, Plaintiff, v. TEXAS GENERAL HOSPITAL, Defendant.

JEREMY D. KERNODLE UNITED STATES DISTRICT JUDGE

ORDER ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

This case was referred to United States Magistrate Judge K. Nicole Mitchell pursuant to 28 U.S.C. § 636. On July 11, 2019, the Magistrate Judge issued a Report and Recommendation (Docket No. 9), recommending that this action be dismissed without prejudice for lack of subject matter jurisdiction. The Clerk sent the Report and Recommendation to the plaintiff by certified mail. The Court received an acknowledgment of receipt card indicating that the Report and Recommendation was received on July 12, 2019 (Docket No. 10). No written objections have been filed.

This Court reviews the findings and conclusions of the Magistrate Judge de novo only if a party objects within fourteen days of service of the Report and Recommendation. 28 U.S.C. § 636(b)(1). In conducting a de novo review, the Court examines the entire record and makes an independent assessment under the law. Douglass v. United Servs. Auto. Ass'n, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc), superseded on other grounds by statute, 28 U.S.C. § 636(b)(1) (extending the time to file objections from ten to fourteen days). Here, Plaintiff did not file objections. The Court therefore reviews the Magistrate Judge's findings for clear error or abuse of discretion and her conclusions to determine if they are contrary to law. See United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989), cert. denied, 492 U.S. 916 (1989) (holding that the standard of review is "clearly erroneous, abuse of discretion and contrary to law" if no objections to a Magistrate Judge's Report are filed).

Having reviewed the Magistrate Judge's Report and Recommendation, the Court finds no clear error or abuse of discretion and no conclusions contrary to law. Therefore, the Court adopts the Report and Recommendation of the United States Magistrate Judge (Docket No. 9) as the findings of this Court.

Accordingly, it is hereby ORDERED that the Magistrate Judge's Report (Docket No. 9) is ADOPTED and that the above-styled civil action be DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction. All pending motions are DENIED as MOOT.

So ORDERED and SIGNED this 2nd day of August, 2019.

/s/_________

JEREMY D. KERNODLE

UNITED STATES DISTRICT JUDGE