Verde v. Stoneridge, Inc. et al

Filing 263

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Court ADOPTS the findings and conclusions of the Magistrate Judge as those of the Court. Plaintiff's Voluntary Dismissal, construed as a motion, is GRANTED and the complaint is DISMISSED WITHOUT PREJUDICE. Signed by District Judge Robert W. Schroeder, III on 11/15/17. (mll, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION FERNANDO VERDE v. STONERIDGE, INC. § § § § § § § § CIVIL ACTION NO. 6:14-cv-225 ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE The Court referred the above-entitled and numbered civil action to United States Magistrate Judge K. Nicole Mitchell pursuant to 28 U.S.C. § 636. On October 3, 2017, the Magistrate Judge issued her Report and Recommendation (Docket No. 262), recommending that Plaintiff’s Voluntary Dismissal (Doc. No. 261), construed as a motion to dismiss, be granted and that the lawsuit be dismissed with prejudice. No written objections have been filed. Accordingly, the Court reviews the Magistrate Judge’s Report and Recommendation for clear . error. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). Having reviewed the findings and conclusions of the Magistrate Judge, the Court agrees with the Magistrate Judge that Plaintiff's Voluntary Stipulation should be construed as an unopposed motion to dismiss and be granted. The Court therefore ADOPTS the findings and conclusions of the Magistrate Judge as those of the Court. It is therefore ORDERED that Plaintiff’s Voluntary Dismissal, construed as a motion, is GRANTED and the complaint is DISMISSED WITHOUT PREJUDICE. So ORDERED and SIGNED this 15th day of November, 2017. ____________________________________ ROBERT W. SCHROEDER III UNITED STATES DISTRICT JUDGE

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