Hudson v. Pot-O-Gold Rentals, LLC

Filing 41

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS. Dkt 36 MOTION to Dismissal with Prejudice is DENIED.(Signed by Judge George C Hanks, Jr) Parties notified.(ltrevino, 3)

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United States District Court Southern District of Texas ENTERED UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION TRACEY TROY HUDSON Plaintiff. VS. POT-O-GOLD RENTALS, LLC; CITY OF GALVESTON, TX; and PARK BOARD OF TRUSTEES OF THE CITY OF GALVESTON Defendants. § § § § § § § § § § § § August 14, 2018 David J. Bradley, Clerk CIVIL ACTION NO. 3:17–CV–00314 ORDER ADOPTING MAGISTRATE JUDGE’S MEMORANDUM AND RECOMMENDATION On March 28, 2018, this case was referred to United States Magistrate Judge Andrew M. Edison. Dkt. 23. On July 24, 2018, Judge Edison filed a Memorandum and Recommendation (Dkt. 39) recommending that Defendant City of Galveston’s Motion for Dismissal with Prejudice (Dkt. 36) be DENIED. No objections have been filed to the Memorandum and Recommendation. Accordingly, the Court reviews the Memorandum and Recommendation for plain error on the face of the record. 28 U.S.C. § 636(b)(1); see also, FED. R. CIV. P. 72(b)(3). Based on the pleadings, the record, and the applicable law, the Court finds that there is no plain error apparent from the face of the record. Accordingly, it is hereby ORDERED AND ADJUDGED that: (1) Judge Edison’s Memorandum and Recommendation is APPROVED AND ADOPTED in its entirety as the holding of the Court; and (2) Defendant City of Galveston’s Motion for Dismissal with Prejudice (Dkt. 36) is DENIED. It is so ORDERED. SIGNED at Galveston, Texas, this 14th day of August, 2018. ___________________________________ George C. Hanks Jr. United States District Judge 2

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