Howard v. As Leto, LLC et al

Filing 37

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 32 Report and Recommendation, 17 Amended Motion for Summary Judgment, filed by Amh Roman Two Tx, LLC, 16 Motion for Summary Judgment, filed by Amh Roma n Two Tx, LLC. On June 6, 2016, pro se Plaintiff Richard Howard IV filed his objections to the report (see Dkt. 34). On June 13, 2016, Defendant AMH filed a response to Plaintiff's objections (see Dkt. 35). Defendant AS LETO, LLC has been d ismissed from the lawsuit (see Dkt. 29). 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 adopts the findings and conclusions of the Magistrate Judge as the findings and conclusions of this court. Therefore, Defendant AMH's Motion for Summary Judgment (Dkt. 16) and Amended Motion for Summary Judgment (Dkt. 17) are GRANTED. Signed by Judge Richard A. Schell on 6/17/2016. (kls, )

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

§
§
§
§
§
§
§
§
§
§
§

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
(Dkt. 32), this matter having been heretofore referred to the United States Magistrate Judge
pursuant to 28 U.S.C. § 636. On May 11, 2016, the report of the Magistrate Judge was entered
containing proposed findings of fact and recommendations that Defendant AMH ROMAN TWO
TX, LLC’s (“AMH”) Motion for Summary Judgment (Dkt. 16) and Amended Motion for
Summary Judgment (Dkt. 17) be GRANTED.
On June 6, 2016, pro se Plaintiff Richard Howard IV filed his objections to the report
(see Dkt. 34). On June 13, 2016, Defendant AMH filed a response to Plaintiff’s objections (see
Dkt. 35). Defendant AS LETO, LLC has been dismissed from the lawsuit (see Dkt. 29).
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 adopts

1

the findings and conclusions of the Magistrate Judge as the findings and conclusions of this
court.
Therefore, Defendant AMH’s Motion for Summary Judgment (Dkt. 16) and Amended
Motion for Summary Judgment (Dkt. 17) are GRANTED.
IT IS SO ORDERED.
.

SIGNED this the 17th day of June, 2016.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE

2