Benjamin v. The Bank of New York Mellon et al

Filing 168

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 163 Memorandum and Recommendations granting 143 MOTION for Summary Judgment With Incorporated Memorandum of Law. (Signed by Judge George C Hanks, Jr) Parties notified.(bthomas, 4)

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Case 4:20-cv-00214 Document 168 Filed on 01/08/22 in TXSD Page 1 of 2 United States District Court Southern District of Texas ENTERED UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION KENNETH W. BENJAMIN, Plaintiff. VS. THE BANK OF NEW YORK MELLON, ET AL., Defendants. January 10, 2022 Nathan Ochsner, Clerk § § § § § CIVIL ACTION NO. 4:20-CV-00214 § § § § § ORDER ADOPTING MAGISTRATE JUDGE’S MEMORANDUM AND RECOMMENDATION On January 13, 2021, all dispositive pretrial matters in this case were referred to United States Magistrate Judge Andrew M. Edison under 28 U.S.C. § 636(b)(1)(B). Dkt. 84. Judge Edison filed a Memorandum and Recommendation on December 7, 2021, recommending that Defendants’ Motion for Summary Judgment (Dkt. 143) be GRANTED. See Dkt. 163. On December 16, 2021, Plaintiff filed his Objections. See Dkt. 164. In accordance with 28 U.S.C. § 636(b)(1)(C), 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.” 28 U.S.C. § 636(b)(1)(C). After conducting this de novo review, the Court may “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 has carefully considered the Objections; the Memorandum and Recommendation; the pleadings; and the record. The Court ACCEPTS Judge Edison’s Memorandum and Recommendation and ADOPTS it as the opinion of the Court. It is therefore ORDERED that: Case 4:20-cv-00214 Document 168 Filed on 01/08/22 in TXSD Page 2 of 2 (1) Judge Edison’s Memorandum and Recommendation (Dkt. 163) is APPROVED AND ADOPTED in its entirety as the holding of the Court; and (2) Defendants’ Motion for Summary Judgment (Dkt. 143) is GRANTED. It is so ORDERED, SIGNED, and ENTERED this 8th day of January, 2022. ______________________________________ ________________________________ _ _ _ _ GEORGE C. HANKS, JR. GEORGE C HANKS JR G UNITED STATES DISTRICT JUDGE 2

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