Howard v. As Leto, LLC et al

Filing 36

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE; On December 3, 2015, the report of the Magistrate Judge was entered containing proposed findings of fact and recommendations that Plaintiff's unverified petitio n for a temporary restraining order (see Dkt. 8) be DENIED and Defendant AMH ROMAN TWO TX, LLCs (AMH) Motion for Adequate Protection (Dkt. 12) be GRANTED. On December 16, 2015, pro se Plaintiff Richard Howard IV filed his objections to the repor t (see Dkt. 26). On January 27, 2016, Defendant AMH filed a notice that it agrees with the report and opts not to respond to Plaintiff's objections (see Dkt. 27). Defendant AS LETO, LLC has not filed a response. The court has made a de novo review of the objections raised by Plaintiff, and is of the opinion that the findings and conclusions of the Magistrate Judge are correct and the objections are without merit as to the ultimate findings of the Magistrate Judge. The court hereby a dopts thefindings and conclusions of the Magistrate Judge as the findings and conclusions of this court. Therefore, Plaintiff's unverified petition for a temporary restraining order (see Dkt. 8) is DENIED and Defendant AMH's Motion for Adequate Protection (Dkt. 12) is GRANTED. Signed by Judge Richard A. Schell on 6/15/2016. (kls, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
RICHARD HOWARD IV

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Plaintiff,
VS.
AMH ROMAN TWO TX, LLC, A
DELAWARE LIMITED LIABILITY
COMPANY, AS LETO, LLC,
Defendants.

Case No. 4:15CV526

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE

Came on for consideration the report of the United States Magistrate Judge in this action,
this matter having been heretofore referred to the United States Magistrate Judge pursuant to 28
U.S.C. § 636. On December 3, 2015, the report of the Magistrate Judge was entered containing
proposed findings of fact and recommendations that Plaintiff’s unverified petition for a
temporary restraining order (see Dkt. 8) be DENIED and Defendant AMH ROMAN TWO TX,
LLC’s (“AMH”) Motion for Adequate Protection (Dkt. 12) be GRANTED.
On December 16, 2015, pro se Plaintiff Richard Howard IV filed his objections to the
report (see Dkt. 26). On January 27, 2016, Defendant AMH filed a notice that it agrees with the
report and opts not to respond to Plaintiff’s objections (see Dkt. 27). Defendant AS LETO, LLC
has not filed a response.
The court has made a de novo review of the objections raised by Plaintiff, and is of the
opinion that the findings and conclusions of the Magistrate Judge are correct and the objections

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are without merit as to the ultimate findings of the Magistrate Judge. The court hereby adopts the
findings and conclusions of the Magistrate Judge as the findings and conclusions of this court.
Therefore, Plaintiff’s unverified petition for a temporary restraining order (see Dkt. 8) is
DENIED and Defendant AMH’s Motion for Adequate Protection (Dkt. 12) is GRANTED.
IT IS SO ORDERED.
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SIGNED this the 15th day of June, 2016.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE

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