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Summary of this case from Medwin Family Med. & Rehab., P.L.L.C. v. BurwellOpinion
CIVIL ACTION NO. 4:11-CV-298
01-13-2014
MOMENTUM EMS, INC., Plaintiff, v. KATHLEEN SEBELIUS, Defendant.
ORDER ADOPTING MAGISTRATE'S
MEMORANDUM AND RECOMMENDATION
Pending before the Court are the Objections filed by Plaintiff, Momentum EMS, Inc., to the Memorandum and Recommendation of United States Magistrate Judge George C. Hanks, Jr. (Dkt. 16). This case was referred to Judge Hanks pursuant to 28 U.S.C. § 636(b)(1)(B). (Dkt. 12). Pending before Judge Hanks were the Plaintiff's Motion for Summary Judgment (Dkt. 8) and Defendant's Motion for Summary Judgment. (Dkt. 11). On December 18, 2013, Judge Hanks filed a Memorandum and Recommendation recommending that the Plaintiff's motion for summary judgment be denied and the Defendant's Motion for Summary Judgment be granted. (Dkt. 15).
In accordance with 28 U.S.C. § 636(b)(1), this Court is required to "make a de novo determination of those portions of the [magistrate judge's] report or specified proposed findings or recommendations to which objection [has been] made." In this regard, the Court is permitted to "accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." Id.; see also FED. R. CIV. P. 72(b)(3). The Court need not, however, consider objections that are conclusive, general in nature or frivolous. See Battle v. Wainwright, 677 F.2d 404, 410 n.8 (5th Cir. Unit B 1982) (en banc) (overruled on other grounds).
Based on the pleadings, the record and the applicable law, the Court finds that Judge Hanks' Memorandum and Recommendation is well-grounded in law and in fact. Accordingly, it is hereby ORDERED AND ADJUDGED that:
(1) Judge Hank's Memorandum and Recommendation is APPROVED AND ADOPTED in its entirety as the holding of the Court; and
(2) Plaintiff's objections to Judge Hanks' Memorandum and Recommendation are OVERRULED.
It is so ORDERED.
__________________________
Kenneth M. Hoyt
United States District Judge