Momentum EMS, Inc. v. Sebelius

Filing 17

ORDER ADOPTING MAGISTRATE'S MEMORANDUM AND RECOMMENDATIONS re: 15 Memorandum and Recommendations, (Signed by Judge Kenneth M. Hoyt) Parties notified.(gkelner, 4)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
MOMENTUM EMS, INC.,
Plaintiff,
VS.
KATHLEEN SEBELIUS,
Defendant.

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CIVIL ACTION NO. 4:11-CV-298

ORDER ADOPTING MAGISTRATE’S
MEMORANDUM AND RECOMMENDATION

Pending before the Court are the Objections filed by Plaintiff, Momentum EMS,
Inc., to the Memorandum and Recommendation of United States Magistrate Judge
George C. Hanks, Jr. (Dkt. 16). This case was referred to Judge Hanks pursuant to 28
U.S.C. § 636(b)(1)(B). (Dkt. 12). Pending before Judge Hanks were the Plaintiff’s
Motion for Summary Judgment (Dkt. 8) and Defendant’s Motion for Summary
Judgment. (Dkt. 11). On December 18, 2013, Judge Hanks filed a Memorandum and
Recommendation recommending that the Plaintiff’s motion for summary judgment be
denied and the Defendant’s Motion for Summary Judgment be granted. (Dkt. 15).
In accordance with 28 U.S.C. § 636(b)(1), this Court is required to “make a de
novo determination of those portions of the [magistrate judge’s] report or specified
proposed findings or recommendations to which objection [has been] made.” In this
regard, the Court is permitted to “accept, reject, or modify, in whole or in part, the
findings or recommendations made by the magistrate judge.” Id.; see also FED. R. CIV. P.
72(b)(3). The Court need not, however, consider objections that are conclusive, general

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in nature or frivolous. See Battle v. Wainwright, 677 F.2d 404, 410 n.8 (5th Cir. Unit B
1982) (en banc) (overruled on other grounds).
Based on the pleadings, the record and the applicable law, the Court finds that
Judge Hanks’ Memorandum and Recommendation is well-grounded in law and in fact.
Accordingly, it is hereby ORDERED AND ADJUDGED that:
(1)

Judge Hank’s Memorandum and Recommendation is APPROVED AND
ADOPTED in its entirety as the holding of the Court; and

(2)

Plaintiff’s objections to Judge Hanks’ Memorandum and Recommendation
are OVERRULED.

It is so ORDERED.
SIGNED on this 13th day of January, 2014.

___________________________________
Kenneth M. Hoyt
United States District Judge

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