Austin et al v. Chambers County et al

Filing 22

ORDER ADOPTING 21 Memorandum and Recommendation GRANTING 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND LACK OF SUBJECT MATTER JURISDICTION OR, IN THE ALTERNATIVE, MOTION TO REMAND, GRANTING 18 AMENDED 10 MOTION to dismiss, GRANTING 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
ROBERT J. AUSTIN , JR., MICHAEL D. AUSTIN ,
KELLI D. AUSTIN , individually, KELLI D.
AUSTIN , trustee,
Plaintiffs,
v.
CHAMBERS COUNTY , TEXAS BARBERS HILL
INDEPENDENT SCHOOL DISTRICT , et al.,
Defendants.

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February 28, 2017
David J. Bradley, Clerk

CIVIL ACTION H-16-2087

O RDER
Pending before the court is the Magistrate Judge’s memorandum and recommendation
(“M&R”) recommending that the court grant defendants’ motions to dismiss. Dkts. 8, 10, 18.
Plaintiffs Robert J. Austin, Jr., Michael D. Austin, and Kelli D. Austin brought this action and none
of the parties filed objections to the M&R, which were due on February 13, 2017. Dkt. 21. Having
considered the M&R, related documents, and the applicable law, the court is of the opinion that there
is no clear error, and that the M&R should be adopted. See Fed. R. Civ. P. 72, Advisory Committee
Notes (“When no timely objection is filed, the court need only satisfy itself that there is no clear error
on the face of the record in order to accept the recommendation.”). Accordingly, the M&R (Dkt. 21)
is ADOPTED IN FULL. The court, consistent with the Magistrate Judge’s recommendation,
GRANTS defendants’ motions to dismiss.
Signed at Houston, Texas on February 28, 2017.

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Gray H. Miller
United States District Judge