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Garner v. Moore

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION
Mar 30, 2012
CIVIL ACTION NO. C-11-169 (S.D. Tex. Mar. 30, 2012)

Summary

holding that a two year gap between protected activity and retaliatory event was too remote to justify claim of retaliation

Summary of this case from Edison v. Avalon Corr. Servs., Inc.

Opinion

CIVIL ACTION NO. C-11-169

03-30-2012

WILLI FREE I GARNER, Plaintiff, v. CANDACE MOORE, et ad, Defendants.


ORDER ADOPTING MEMORANDUM AND RECOMMENDATION

TO GRANT DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

On March 8, 2012, United States Magistrate Judge Brian L. Owsley issued his "Memorandum and Recommendations to Grant Defendant's Motion for Summary Judgment" (D.E. 45). The parties were provided proper notice of, and opportunity to object to, the Magistrate Judge's Memorandum and Recommendation. FED. R. CIV. P. 72(b); 28 U.S.C. § 636(b)(1); General Order No. 2002-13. No objections have been filed.

When no timely objection to a magistrate judge's memorandum and recommendation is filed, the district court need only satisfy itself that there is no clear error on the face of the record and accept the magistrate judge's memorandum and recommendation. Guillory v. PPG Industries, Inc., 434 F.3d 303, 308 (5th Cir. 2005) (citing Douglass v. United Services Auto Ass'n, 79 F.3d 1415, 1420 (5th Cir. 1996)).

Having reviewed the findings of fact and conclusions of law set forth in the Magistrate Judge's Memorandum and Recommendation (D.E. 45), and all other relevant documents in the record, and finding no clear error, the Court ADOPTS as its own the findings and conclusions of the Magistrate Judge. Accordingly, the Defendant's Motion for Summary Judgment (D.E. 39) is GRANTED and this action is DISMISSED WITH PREJUDICE.

ORDERED this 30th day of March, 2012.

_______________

Nelva Gonzales Ramos

United States District Judge


Summaries of

Garner v. Moore

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION
Mar 30, 2012
CIVIL ACTION NO. C-11-169 (S.D. Tex. Mar. 30, 2012)

holding that a two year gap between protected activity and retaliatory event was too remote to justify claim of retaliation

Summary of this case from Edison v. Avalon Corr. Servs., Inc.
Case details for

Garner v. Moore

Case Details

Full title:WILLI FREE I GARNER, Plaintiff, v. CANDACE MOORE, et ad, Defendants.

Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION

Date published: Mar 30, 2012

Citations

CIVIL ACTION NO. C-11-169 (S.D. Tex. Mar. 30, 2012)

Citing Cases

Edison v. Avalon Corr. Servs., Inc.

Further, Edison does not point to direct evidence of retaliation, and his claim about the four-years-old…