Opinion
Civil Action 2:21-CV-00301
01-05-2023
ORDER ADOPTING MEMORANDUM & RECOMMENDATION
DAVID S. MORALES, UNITED STATES DISTRICT JUDGE
Before the Court is Magistrate Judge Jason Libby's Memorandum and Recommendation (“M&R”). (D.E. 17). The M&R recommends that the Court deny Plaintiffs motion for summary judgment, (D.E. 14), grant Defendant's motion for summary judgment, (D.E. 16), and dismiss this case. (D.E. 17, p. 1, 17).
The parties were provided proper notice of, and the opportunity to object to, the Magistrate Judge's M&R. See 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b); General Order No. 2002-13. No objection has been filed. When no timely objection has been filed, the district court need only determine whether the Magistrate Judge's M&R is clearly erroneous or contrary to law. United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989) (per curiam); Badaiki v. Schlumberger Holdings Corp., 512 F.Supp.3d 741, 743-44 (S.D. Tex. 2021) (Eskridge, J.).
Having reviewed the proposed findings and conclusions of the Magistrate Judge, the filings of the parties, the record, and the applicable law, and finding that the M&R is not clearly erroneous or contrary to law, the Court ADOPTS the M&R in its entirety. (D.E. 17). Accordingly, the Court DENIES Plaintiffs motion for summary judgment, (D.E. 14), and GRANTS Defendant's motion for summary judgment, (D.E. 16). As such, Plaintiffs complaint is DISMISSED. (D.E. 1). A final judgment will be entered separately.
SO ORDERED.