Hart et al v. Midland Independent School District
Filing
19
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 15 Report and Recommendations. Signed by Judge David Counts. (jb3)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
MIDLAND/ODESSA DIVISION
BRANDY HART, DENNIS HART,
and S.H.,
Plaintiffs,
v.
MIDLAND INDEPENDENT
SCHOOL DISTRICT,
Defendant
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MO:24-CV-00131-DC
ORDER
The Court now considers the report and recommendation from United States
Magistrate Judge Ronald C. Griffin1 concerning Defendant’s partial motion to dismiss.2
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 Griffin issued his
report and recommendation on January 13, 2025.3 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
1 ECF No. 15.
2 ECF No. 5.
3 ECF No. 15.
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.4
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 Judge5 is ADOPTED. Defendant’s partial motion to dismiss is
GRANTED. Plaintiff’s claims subject to Defendant’s partial motion are DISMISSED
WITHOUT PREJUDICE.
Plaintiff may amend its complaint within 21 days of entry of this order.
It is so ORDERED.
SIGNED this 28th day of January, 2025.
DAVID COUNTS
UNITED STATES DISTRICT JUDGE
4 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.”).
5 ECF No. 15.
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