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Cunningham v. USA Auto Prot., LLC

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION
Feb 8, 2021
CIVIL ACTION NO. 4:20-CV-00142-RWS-KPJ (E.D. Tex. Feb. 8, 2021)

Opinion

CIVIL ACTION NO. 4:20-CV-00142-RWS-KPJ

02-08-2021

CRAIG CUNNINGHAM, Plaintiff, v. USA AUTO PROTECTION, LLC, et al., Defendants.


ORDER

Before the Court is the Magistrate Judge's Report and Recommendation (Docket No. 90), recommending that Plaintiff Craig Cunningham's Motion to Dismiss Defendant USA Auto Protection, LLC's Counterclaim under Federal Rule of Civil Procedure 12(b)(6) (Docket No. 40) be denied. No party has filed objections to the report. Because no objections to the Magistrate Judge's Report have been filed, no party is entitled to de novo review by the District Judge of those findings, conclusions and recommendations, and except upon grounds of plain error, they are barred from appellate review of the unobjected-to factual findings and legal conclusions accepted and adopted by the District Court. 28 U.S.C § 636(b)(1)(C); Douglass v. United Services Automobile Assoc., 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc).

Nonetheless, the Court has reviewed the motion and the Magistrate Judge's report and agrees with the report. See United States v. Raddatz, 447 U.S. 667, 683 (1980) ("[T]he statute permits the district court to give to the magistrate's proposed findings of fact and recommendations 'such weight as [their] merit commands and the sound discretion of the judge warrants.' ") (quoting Mathews v. Weber, 23 U.S. 261, 275 (1976)). It is therefore

ORDERED that the Magistrate Judge's report and recommendation (Docket No. 90) is ADOPTED as the opinion of this Court. Plaintiff's Motion to Dismiss Defendant USA Auto Protection, LLC's Counterclaim under Federal Rule of Civil Procedure 12(b)(6) (Docket No. 40) is DENIED.

SIGNED this 8th day of February, 2021.

/s/_________

ROBERT W. SCHROEDER III

UNITED STATES DISTRICT JUDGE


Summaries of

Cunningham v. USA Auto Prot., LLC

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION
Feb 8, 2021
CIVIL ACTION NO. 4:20-CV-00142-RWS-KPJ (E.D. Tex. Feb. 8, 2021)
Case details for

Cunningham v. USA Auto Prot., LLC

Case Details

Full title:CRAIG CUNNINGHAM, Plaintiff, v. USA AUTO PROTECTION, LLC, et al.…

Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION

Date published: Feb 8, 2021

Citations

CIVIL ACTION NO. 4:20-CV-00142-RWS-KPJ (E.D. Tex. Feb. 8, 2021)