Williams v. Gauna et al

Filing 50

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS 49 Memorandum and Recommendations re: DENYING 33 MOTION to Dismiss Pursuant To Rules Of Civil Procedure 12(B)(1) and 12(B)(6), and DENYING 26 MOTION to Dismiss (Signed by Judge David S Morales) Parties notified.(arodriguez, 2)

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Case 2:22-cv-00005 Document 50 Filed on 01/18/23 in TXSD Page 1 of 2 I United States District Court Southern District of Texas ENTERED UNITED STATES DISTRJCT COURT SOUTHERN DISTRJCT OF TEXAS CORPUS CHRJSTI DIVISION JEMADARJ CHINUA WILLIAMS, January 18, 2023 Nathan Ochsner, Clerk § § Plaintiff, V. § § § JOEL GAUNA, et al, § Defendants. CIVIL ACTION NO. 2:22-CV-0005 § § ORDER ADOPTING MEMORANDUM & RECOMMENDATION Before the Court is Magistrate Judge Jason Libby's Memorandum and Recommendation ("M&R"). (D.E. 49). The M&R recommends that the Court DENY Defendants Bryan Collier and Joel Gauna's motion to dismiss, (D.E. 26), and Defendant Melanie Quiroga's motion to dismiss, (D.E. 33). (D.E. 49, p. 1). The parties were provided proper notice of, and the opportunity to object to, the Magistrate Judge 's M&R. See 28 U.S.C. § 636(b)(l); FED. R. CIV. P. 72(b); General Order No. 2002-13. No objection has been filed. When no timely objection has been filed, the district court need only determine whether the Magistrate Judge's M&R is clearly erroneous or contrary to law. United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989) (per curiam); Powell v. Litton Loan Servicing, LP, No. CIV. A. H-14-2700, 2015 WL 3823141 , at *l (S.D. Tex. June 18, 2015) . Having carefully reviewed the proposed findings and conclusions of the Magistrate Judge, the filings of the parties, the record, and the applicable law, and finding that the M&R is not clearly erroneous or contrary to law, the Court ADOPTS the M&R in its 1/2 Case 2:22-cv-00005 Document 50 Filed on 01/18/23 in TXSD Page 2 of 2 entirety. (D.E. 49). The Court DENIES Defendants Bryan Collier and Joel Gauna's motion to dismiss, (D.E. 26), and Defendant Melanie Quiroga's motion to dismiss, (D.E. 33). SO ORDERED. DAV S. ORALES UNITED STATES DISTRICT JUDGE Signed: Corpus Christi, Texas January •18 2023 2/2

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