Opinion
1:23-CV-263-RP
01-03-2024
ALEXANDER STROSS, Plaintiff, v. MORRIS GLASS COMPANY, INC., KERRY MORRIS, and JULIE MORRIS, Defendants.
ORDER
ROBERT PITMAN UNITED STATES DISTRICT JUDGE
Before the Court is the report and recommendation from United States Magistrate Judge Dustin Howell concerning Plaintiff's Motion for Entry of Rule 68 Judgment Against Defendants, (Dkt. 18). (R. & R., Dkt. 24). Pursuant to 28 U.S.C. § 636(b) and Rule 1(d) of Appendix C of the Local Rules of the United States District Court for the Western District of Texas, Judge Howell issued his report and recommendation on December 19, 2023. (Id.). As of the date of this order, no party has filed objections to the report and recommendation.
Pursuant to 28 U.S.C. § 636(b), a party may serve and file specific, written objections to a magistrate judge's proposed findings and recommendations within fourteen days after being served with a copy of the report and recommendation and, in doing so, secure de novo review by the district court. When no objections are timely filed, a district court can review the magistrate's report and recommendation for clear error. See Fed.R.Civ.P. 72 advisory committee's note (“When no timely objection is filed, the [district] court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.”).
Because no party has filed timely objections, the Court reviews the report and recommendation for clear error. Having done so and finding no clear error, the Court accepts and adopts the report and recommendation as its own order.
Accordingly, the Court ORDERS that the Report and Recommendation of the United States Magistrate Judge, (Dkt. 24), is ADOPTED. Plaintiff's Motion for Entry of Rule 68 Judgment Against Defendants, (Dkt. 18), is GRANTED.
The Court will order the Clerk of the Court to enter judgment against Defendants under Rule 68 in the total amount of seven thousand five hundred dollars ($7,500). Plaintiff shall be entitled to file a motion for costs, including attorneys' fees, on or before January 17, 2024.