Coleman v. Gearheart & Gearheart CPA
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 10 Report and Recommendations. The Court hereby adopts the findings and conclusions of the Magistrate Judge as the findings and conclusions of the Court. The Complaint (Docket No. 3) is hereby DISMISSED WITHOUT PREJUDICE. Signed by District Judge Robert W. Schroeder, III on 10/24/17. (mll, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
GEARHEART & GEARHEART CPA,
CIVIL ACTION NO. 6:17-CV-00499-RWS
ORDER ADOPTING REPORT AND RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE
The above-entitled and numbered civil action was referred to United States Magistrate
Judge John D. Love pursuant to 28 U.S.C. § 636. On September 11, 2017, the Magistrate Judge
issued his Report and Recommendation (Docket No. 10), recommending that Plaintiff’s claims
be dismissed without prejudice for failure to state a claim upon which relief can be granted.
According to the United States Postal Service, Plaintiff received a copy of the Report and
Recommendation via certified mail on September 16, 2017. Since that time, no 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 has not alleged any activity proscribed by statute.
Therefore, the Court hereby adopts the findings and conclusions of the Magistrate Judge as the
findings and conclusions of the Court. It is accordingly ORDERED that the Complaint (Docket
No. 3) is hereby DISMISSED WITHOUT PREJUDICE.
So ORDERED and SIGNED this 24th day of October, 2017.
ROBERT W. SCHROEDER III
UNITED STATES DISTRICT JUDGE
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