McKay v. Austin State Hospital

Filing 111

ORDER ADOPTING U.S. Magistrate Judge's REPORT AND RECOMMENDATION 110 . Plaintiffs Motion for Class Certification(Dkt.84, 103) is DENIED. Signed by Judge Robert Pitman. (jv2)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
ANISHA H. ITUAH,
by her Guardian, Angela McKay,
Plaintiff,
v.
AUSTIN STATE HOSPITAL,
ALAN R. NOTTEBART,
CATHERINE NOTTEBART,
and JOHN DOES 1–5, Employees of
Austin State Hospital,
Defendants.

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1:18-CV-11-RP

ORDER
Before the Court is the report and recommendation from United States Magistrate Judge
Mark Lane concerning Plaintiff’s Unsealed Motion to Certify Class, (Dkt. 103), and Plaintiff’s Sealed
Motion, (Dkt. 84). (R. & R., Dkt. 110). Pursuant to 28 U.S.C. § 636(b) and Rule 1(d) of Appendix C
of the Local Rules of the United States District Court for the Western District of Texas, Judge Lane
issued his report and recommendation on January 3, 2020. (Id.). As of the date of this order, no
party has filed objections to the report and recommendation.
Pursuant to 28 U.S.C. § 636(b), a party may serve and file specific, written objections to a
magistrate judge’s proposed findings and recommendations within fourteen days after being served
with a copy of the report and recommendation and, in doing so, secure de novo review by the district
court. When no objections are timely filed, a district court can review the magistrate’s report and
recommendation for clear error. See Fed. R. Civ. P. 72 advisory committee’s note (“When 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.”).

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Because no party has filed timely objections, the Court reviews the report and
recommendation for clear error. Having done so and finding no clear error, the Court accepts and
adopts the report and recommendation as its own order.
Accordingly, the Court ORDERS that the Report and Recommendation of the United
States Magistrate Judge, (Dkt. 110), is ADOPTED. Plaintiff’s Motion for Class Certification, (Dkt.
84, 103), is DENIED.
SIGNED on January 21, 2020.

ROBERT PITMAN
UNITED STATES DISTRICT JUDGE

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