Cooks v. Castro et al

Filing 42

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION TO GRANT DEFENDANT'S MOTION FOR SUMMARY JUDGMENT re: 39 MOTION for Summary Judgment, 40 Memorandum and Recommendations.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(amireles, )

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
ANTHONY COOKS,
Plaintiff,
VS.
EVELYN CASTRO, et al,
Defendants.

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§ CIVIL ACTION NO. C-11-54
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ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
TO GRANT DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT
On April 9, 2012, United States Magistrate B. Janice Ellington issued her
“Memorandum and Recommendation to Grant Defendants’ Motion for Summary
Judgment” (D.E. 40). The parties were provided proper notice of, and opportunity to
object to, the Magistrate Judge’s Memorandum and Recommendation. FED. R. CIV. P.
72(b); 28 U.S.C. § 636(b)(1); General Order No. 2002-13. No objections have been filed.
When no timely objection to a magistrate judge’s memorandum and
recommendation is filed, the district court need only satisfy itself that there is no clear
error on the face of the record and accept the magistrate judge’s memorandum and
recommendation. Guillory v. PPG Industries, Inc., 434 F.3d 303, 308 (5th Cir. 2005)
(citing Douglass v. United Services Auto Ass’n, 79 F.3d 1415, 1420 (5th Cir. 1996)).
Having reviewed the findings of fact and conclusions of law set forth in the
Magistrate Judge’s Memorandum and Recommendation (D.E. 40), and all other relevant
documents in the record, and finding no clear error, the Court ADOPTS as its own the
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findings and conclusions of the Magistrate Judge. Accordingly, the Defendants’ Motion
for Summary Judgment (D.E. 39) is GRANTED and this action is DISMISSED WITH
PREJUDICE.
ORDERED this 3rd day of May, 2012.

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NELVA GONZALES RAMOS
UNITED STATES DISTRICT JUDGE

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