Chambers v. Nabarez et al

Filing 33

ORDER ADOPTING REPORT AND RECOMMENDATION re: 30 Report and Recommendation, Case terminated on 03/27/2019 (Signed by Judge Randy Crane) Parties notified.(NelidaLosoya, 7)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
MCALLEN DIVISION
JAMES K. CHAMBERS
VS.
J. NABAREZ, et al.

March 27, 2019
David J. Bradley, Clerk

§
§
§
§ MISC. ACTION NO. 7:15-MC-137
§
§
§

ORDER ADOPTING REPORT AND RECOMMENDATION
Before the Court is Plaintiff James K. Chambers’ 42 U.S.C. § 1983 civil rights action,
which had been referred to the Magistrate Court for a report and recommendation. On February
21, 2019, the Magistrate Court issued the Report and Recommendation, recommending that
Plaintiff’s § 1983 action be DISMISSED without prejudice. The time for filing objections has
passed, and no objections have been filed.
Pursuant to Federal Rule of Civil Procedure 72(b), the Court has reviewed the Report and
Recommendation for clear error.1 Finding no clear error, the Court adopts the Report and
Recommendation in its entirety. Accordingly, it is hereby ORDERED that Plaintiff’s § 1983
action be DISMISSED without prejudice.
SO ORDERED this 27th day of March, 2019, at McAllen, Texas.
___________________________________
Randy Crane
United States District Judge

As noted by the Fifth Circuit, “[t]he advisory committee’s note to Rule 72(b) states that, ‘[w]hen no timely
objection is filed, the [district] court need only satisfy itself that there is no clear error on the face of the record in
order to accept the recommendation.’ ” Douglas v. United States Service Auto. Ass’n, 79 F.3d 145, 1420 (5th Cir.
1996) (quoting Fed. R. Civ. P. 72(b) advisory committee’s note (1983)) superseded by statute on other grounds by
28 U.S.C. § 636(b)(1), as stated in ACS Recovery Servs., Inc. v. Griffin, No. 11-40446, 2012 WL 1071216, at *7 n. 5
(5th Cir. April 2, 2012).
1

1/1