Smith v. TDCJ Parole Board et al

Filing 85

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 81 Memorandum and Recommendations, DENYING 80 MOTION to Reopen case (Signed by Judge Nelva Gonzales Ramos) Parties notified.(lrivera, 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 JERRY BUTLER SMITH JR, et al, Plaintiffs, VS. TDCJ PAROLE BOARD, et al, Defendants. November 27, 2017 David J. Bradley, Clerk § § § § CIVIL ACTION NO. 2:15-CV-382 § § § § ORDER ADOPTING MEMORANDUM AND RECOMMENDATION TO DENY PLAINTIFF’S MOTION TO REOPEN CASE On October 11, 2017, United States Magistrate Judge B. Janice Ellington issued her “Memorandum and Recommendation to Deny Plaintiff’s Motion to Reopen Case” (D.E. 81). 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. 81), 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 reopen this case (D.E. 80), construed as a Rule 60(b) motion for relief from judgment is DENIED. ORDERED this 27th day of November, 2017. ___________________________________ NELVA GONZALES RAMOS UNITED STATES DISTRICT JUDGE 2/2

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