Nelson v. Davis et al

Filing 14

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 13 Memorandum and Recommendations and denying 11 Motion to Reinstate construed as a Rule 59(e) motion. (Signed by Judge Nelva Gonzales Ramos) Parties notified.(vrios, 2)

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Case 2:19-cv-00371 Document 14 Filed on 01/10/22 in TXSD Page 1 of 2 United States District Court Southern District of Texas ENTERED UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION ARDELL NELSON, Plaintiff, VS. LORI DAVIS, et al., Defendants. § § § § § § § § § January 10, 2022 Nathan Ochsner, Clerk CIVIL ACTION NO. 2:19-CV-00371 ORDER ADOPTING MEMORANDUM AND RECOMMENDATION TO DENY PLAINTIFF'S MOTION TO REINSTATE On December 3, 2021, United States Magistrate Judge Jason B. Libby issued a “Memorandum and Recommendation to Deny Plaintiff's Motion to Reinstate” (M&R, D.E. 13). Plaintiff was 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 timely 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 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 M&R (D.E. 13), 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 1/2 Case 2:19-cv-00371 Document 14 Filed on 01/10/22 in TXSD Page 2 of 2 Magistrate Judge. Accordingly, the Motion to Reinstate (D.E. 11) is construed as a Rule 59(e) motion and is DENIED. ORDERED on January 10, 2022. _______________________________ NELVA GONZALES RAMOS UNITED STATES DISTRICT JUDGE 2/2

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