Hunter v. Crossmark

Filing 50

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 47 Report and Recommendations, GRANTING 39 MOTION for Summary Judgment filed by Crossmark. IT IS FINALLY ORDERED that remaining motions pending with the Court, if any, are Dismissed as Moot and this case is CLOSED. Signed by Judge Fred Biery. (wg)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION STARLETT C. HUNTER, Plaintiff, V. CROSSMARK, Defendant. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. SA-21-CA-638-FB ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE Before the Court is the Report and Recommendation of United States Magistrate Judge (docket no. 47), filed in the above-captioned cause on March 7, 2024. To date, no objections to the Report and Recommendation have been received.1 Because no party has objected to the Magistrate Judge's Report and Recommendation, the Court need not conduct a de novo review. See 28 U.S.C. § 636(b)(1) ("A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings and recommendations to which objection is made."). The Court has reviewed the Report and Recommendation and finds its reasoning to be neither clearly erroneous nor contrary to law. United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir.), cert. denied, 492 U.S. 918 (1989). IT IS THEREFORE ORDERED that the Report and Recommendation of United States Magistrate Judge (docket no. 47) is ACCEPTED pursuant to 28 U.S.C. § 636(b)(1) such that Defendant’s Motion for Summary Judgment (docket no. 39) is GRANTED. 1 Any party who desires to object to a M agistrate's findings and recom m endations m ust serve and file his, her or its written objections within fourteen days after being served with a copy of the findings and recom m endation. 28 U .S.C. § 635(b)(1). If service upon a party is m ade by m ailing a copy to the party’s last known address, “service is com plete upon m ailing.” F ED . R. C IV. P. 5(b)(2)(C). If service is by electronic m eans, “service is com plete upon transm ission.” Id. at (E). IT IS FINALLY ORDERED that remaining motions pending with the Court, if any, are Dismissed as Moot and this case is CLOSED. It is so ORDERED. SIGNED this 27th day of March, 2024. _________________________________________________ FRED BIERY UNITED STATES DISTRICT JUDGE . 2

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