Tollesonv.Livingston

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISIONDec 10, 2012
CIVIL ACTION NO. 2:12-CV-00201 (S.D. Tex. Dec. 10, 2012)

CIVIL ACTION NO. 2:12-CV-00201

12-10-2012

TED R. TOLLESON, Plaintiff, v. BRAD LIVINGSTON, et al. Defendants.


ORDER ADOPTING MEMORANDUM AND RECOMMENDATION

TO GRANT DEFENDANTS' MOTION TO DISMISS

On November 19, 2012, United States Magistrate Judge Brian L. Owsley issued his "Memorandum and Recommendation to Grant Defendants' Motion to Dismiss" (D.E. 26). 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. 26), 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 Defendants' Motion to Dismiss Under Federal Rule 12(b)(6) (D.E. 19) is GRANTED and this action is DISMISSED.

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NELVA GONZALES RAMOS


UNITED STATES DISTRICT JUDGE