Cox v. Stephens et al

Filing 81

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION TO DENY MOTION TO AMEND OR ALTER JUDGMENT re: 79 Memorandum and Recommendations, denied 78 MOTION to Alter Judgment (Signed by Judge Nelva Gonzales Ramos) Parties notified.(amireles, 2)

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United States District Court Southern District of Texas ENTERED UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION J L COX, Plaintiff, VS. WILLIAM STEPHENS, et al, Defendants. § § § § § § § § May 26, 2017 David J. Bradley, Clerk CIVIL ACTION NO. 2:13-CV-00151 ORDER ADOPTING MEMORANDUM AND RECOMMENDATION TO DENY MOTION TO AMEND OR ALTER JUDGMENT On April 26, 2017, United States Magistrate Judge Jason B. Libby issued his “Memorandum and Recommendation to Deny Motion to Amend or Alter Judgment” (D.E. 79). 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. 79), and all other relevant documents in the record, and finding no clear error, the Court ADOPTS as its own the findings and conclusions of the Magistrate Judge. Accordingly, Plaintiff’s Motion to 1/2 Amend or Alter Judgment (D.E. 78), construed as a Rule 60(b) motion for relief from judgment, is DENIED. ORDERED this 26th day of May, 2017. ___________________________________ NELVA GONZALES RAMOS UNITED STATES DISTRICT JUDGE 2/2

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