Longoria v. Berryhill

Filing 18

ORDER ADOPTING 17 Memorandum and Recommendations DENYING 13 MOTION for Summary Judgment , GRANTING 11 Cross MOTION for Summary Judgment , Case terminated on 3/18/2019.(Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)

United States District Court

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

Southern District of Texas

ENTERED
March 18, 2019
David J. Bradley, Clerk

LETICIA LONGORIA,
Plaintiff,
v.
NANCY A. BERRYHILL,
Defendants.

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CIVIL ACTION H-18-52

ORDER
Pending before the court is a memorandum and recommendation by Magistrate Judge Nancy
K. Johnson (“M&R”). Dkt. 17. The M&R recommended denying plaintiff Leticia Longoria’s
motion for summary judgment (Dkt. 13) and granting defendant Nancy Berryhill’s cross-motion for
summary judgment (Dkt. 11).
Objections to the M&R were due on March 13, 2019, but Longoria has not filed any
objections to date. See Dkt. 17. “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.” See Fed.
R. Civ. P. 72(b), Advisory Comm. Note (1983). The court, having reviewed the M&R, evidence in
the record, motions, and applicable law, and having received no objections, finds no clear error.
Thus, the court ADOPTS IN FULL the M&R (Dkt. 17). For the reasons stated in the M&R,
Longoria’s motion for summary judgment is DENIED and Berryhill’s cross-motion for summary
judgment is GRANTED.
This is a FINAL JUDGMENT.
Signed at Houston, Texas on March 18, 2019.

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Gray H. Miller
Senior United States District Judge