Williams v. Gauna et al
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)
Case 2:22-cv-00005 Document 50 Filed on 01/18/23 in TXSD Page 1 of 2
United States District Court
Southern District of Texas
UNITED STATES DISTRJCT COURT
SOUTHERN DISTRJCT OF TEXAS
CORPUS CHRJSTI DIVISION
JEMADARJ CHINUA WILLIAMS,
January 18, 2023
Nathan Ochsner, Clerk
JOEL GAUNA, et al,
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
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).
DAV S. ORALES
UNITED STATES DISTRICT JUDGE
Signed: Corpus Christi, Texas
January •18 2023
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