Garner v. Metz et al

Filing 46

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: granting 36 MOTION for Summary Judgment with Brief in Support, adopting 43 Memorandum and Recommendations. This action is DISMISSED with prejudice. (Signed by Judge Nelva Gonzales Ramos) Parties notified.(lcayce, 2)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
WILLI FREE I GARNER,
Plaintiff,
VS.
KELLY METZ, et al,
Defendants.

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§ CIVIL ACTION NO. 2:13-CV-259
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ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
On May 8, 2015, United States Magistrate Judge Jason B. Libby issued his
Memorandum and Recommendation (“M&R”) (D.E. 43). The parties were provided proper
notice of, and opportunity to object to, the Magistrate Judge’s M&R. 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 M&R 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 M&R.

Guillory v. PPG Indus., Inc., 434 F.3d 303, 308 (5th Cir. 2005) (citing

Douglass v. United Servs. 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 M&R (D.E. 43), 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, the Defendant’s motion for summary judgment (D.E. 36) is GRANTED and this
action is DISMISSED with prejudice.
ORDERED this 24th day of June, 2015.
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NELVA GONZALES RAMOS
UNITED STATES DISTRICT JUDGE
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