Opinion
Civil Action 2:21-CV-37
01-03-2022
QUIRINO TORRES, Plaintiff, v. ALDENE SOUTHMAYD III, et al., Defendants.
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. 36). The M&R recommends that the Court deny Defendants' motion to dismiss (D.E. 24), treated as a motion for summary judgment, I because Defendants have not shown by sufficient evidence that Plaintiff failed to exhaust his administrative remedies. The M&R further recommends that the Court deny as moot Plaintiff's motion to quash the motion to dismiss. (D.E. 36; D.E. 26).
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); Powell v. Litton Loan Servicing, LP, No. CIV. A. H-14-2700, 2015 WL I 3823141, at *1 (S.D. Tex. June 18, 2015).
Having carefully 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. 36). Accordingly, the Court DENIES Defendants' motion to dismiss, treated as a motion for summary judgment. (D.E. 24). The Court DENIES as moot Plaintiffs motion to quash. (D.E. 26).
SO ORDERED.