Aumada v. Officer Garcia et al

Filing 22

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONTO DISMISS CASE WITHOUT PREJUDICE re: 19 Memorandum and Recommendations (Signed by Judge Nelva Gonzales Ramos) Parties notified.(legarza, 2)

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Case 2:22-cv-00208 Document 22 Filed on 01/18/23 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 RUBEN AUMADA, Plaintiff, VS. OFFICER GARCIA, et al., Defendants. § § § § § § § § § January 18, 2023 Nathan Ochsner, Clerk CIVIL ACTION NO. 2:22-CV-00208 ORDER ADOPTING MEMORANDUM AND RECOMMENDATION TO DISMISS CASE WITHOUT PREJUDICE On November 22, 2022, United States Magistrate Judge Julie K. Hampton issued a “Memorandum and Recommendation to Dismiss Case Without Prejudice” (M&R, D.E. 19). 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 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. 19), 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 2:22-cv-00208 Document 22 Filed on 01/18/23 in TXSD Page 2 of 2 Magistrate Judge. Accordingly, Plaintiff’s case is DISMISSED WITHOUT PREJUDICE pursuant to Rule 41(b). ORDERED on January 18, 2023. _______________________________ NELVA GONZALES RAMOS UNITED STATES DISTRICT JUDGE 2/2

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