Opinion
Civil Action 2:23-CV-00004
08-02-2023
STATE FARM LLOYDS AS SUBROGEE OF AURORA MARTINEZ, Plaintiff, v. AEP TEXAS INC., Defendant.
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
NELVA GONZALES RAMOS UNITED STATES DISTRICT JUDGE
On July 13, 2023, United States Magistrate Judge Mitchel Neurock issued a “Memorandum and Recommendation of United States Magistrate Judge” (M&R, D.E. 11), recommending that Plaintiff's Motion for Leave to Join a Party and File First Amended Complaint (D.E. 10) be granted. The parties were provided proper notice of, and opportunity to object to, the Magistrate Judge's M&R. Fed.R.Civ.P. 72(b); 28 U.S.C. § 636(b)(1); General Order No. 2002-13. No objections have been timely filed.
When no timely objection to a magistrate judge's M&R is filed, the district court need only satisfy itself that there is no clear error on the face of the record and accept the magistrate judge's M&R. Guillory v. PPG Indus., Inc., 434 F.3d 303, 308 (5th Cir. 2005) (citing Douglass v. United Servs. Auto Ass'n, 79 F.3d 1415, 1420 (5th Cir. 1996)).
Having reviewed the findings of fact and conclusions of law set forth in the Magistrate Judge's M&R (D.E. 11), and all other relevant documents in the record, and finding no clear error, the Court ADOPTS as its own the findings and conclusions of the Magistrate Judge. Accordingly, the Motion for Leave to Join a Party and File an Amended Complaint (D.E. 10) is GRANTED and the Clerk of Court is ORDERED to file the amended complaint (D.E. 10-1) as an independent document on the docket of this case. Because the amended complaint joins a nondiverse party, the Court FINDS that it does not have subject matter jurisdiction and this action is REMANDED to the 319th Judicial District Court of Nueces County, Texas.
ORDERED.