Bey v. Due

Filing 52

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 48 Report and Recommendations of the United States Magistrate Judge. ORDERED that the Magistrate Judges Report (Docket No. 48) be ADOPTED and that Defendants motion to dismiss (Docket No. 34) be denied. Signed by District Judge Jeremy D. Kernodle on 10/8/2019. (gsg)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
QADRIYYAH SABREEEN EL’AMIN
BNT ABDULLAH BEY,
Plaintiff,
v.
JOHN DUE and DUE’S WRECKER
SERVICE,
Defendants.

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Case No. 6:19-CV-239-JDK-JDL

ORDER ADOPTING REPORT AND RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE
This case was referred to United States Magistrate Judge John D. Love pursuant to 28
U.S.C. § 636. On September 18, 2019, the Magistrate Judge issued a Report and Recommendation
(Docket No. 48), recommending that Defendants’ motion to dismiss (Docket No. 34) pursuant to
Federal Rule of Civil Procedure 8 be denied. The Report also recommends that Defendants not be
precluded from bringing a future motion that raises specific grounds for dismissal or summary
judgment.
This Court reviews the findings and conclusions of the Magistrate Judge de novo only if a
party objects within fourteen days of service of the Report and Recommendation. 28 U.S.C.
§ 636(b)(1). In conducting a de novo review, the Court examines the entire record and makes an
independent assessment under the law. Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415, 1430
(5th Cir. 1996) (en banc), superseded on other grounds by statute, 28 U.S.C. § 636(b)(1)
(extending the time to file objections from ten to fourteen days). Here, Defendants did not file
objections in the prescribed period. The Court therefore reviews the Magistrate Judge’s findings
for clear error or abuse of discretion and reviews his legal conclusions to determine whether they

are contrary to law. See United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989), cert. denied,
492 U.S. 918 (1989) (holding that, if no objections to a Magistrate Judge’s Report are filed, the
standard of review is “clearly erroneous, abuse of discretion and contrary to law”).
Having reviewed the Magistrate Judge’s Report and Recommendations, the Court finds no
clear error or abuse of discretion and no conclusions contrary to law. The Court therefore adopts
the Report and Recommendation of the United States Magistrate Judge (Docket No. 48) as the
findings of this Court.
Accordingly, it is hereby ORDERED that the Magistrate Judge’s Report (Docket No. 48)
be ADOPTED and that Defendants’ motion to dismiss (Docket No. 34) be denied. The Court also
ADOPTS the Report by noting that Defendants are not precluded from bringing a future motion
that raises specific grounds for dismissal or summary judgment.
So ORDERED and SIGNED this 8th

day of October, 2019.

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JEREMY D. KERNODLE
UNITED STATES DISTRICT JUDGE