Avila v. Reynolds

• Court: District Court, S.D. Texas
• Decided: May 21, 2020
• Docket: 4:20-cv-01776
• Status: Unknown

Opinion

□ Southern District of Texas ENTERED UNITED STATES DISTRICT COURT May 21, 2020 SOUTHERN DISTRICT OF TEXAS David J. Bradley, Clerk MCALLEN DIVISION

CHARLES ANTHONY AVILA, § § Plaintiff, § VS. § CIVIL ACTION NO. 7:19-CV-00427 § L REYNOLDS, et al, § § Defendants. §

ORDER ADOPTING REPORT AND RECOMMENDATION Pending before the Court is Plaintiff Charles Anthony Avila’s Civil Rights Complaint, which had been referred to the Magistrate Court for a report and recommendation. On May 7, 2020, the Magistrate Court issued the Report and Recommendation, recommending that the action be transferred to the Houston Division of the Southern Division of Texas. The time for filing objections has passed and no objections have been filed. Pursuant to Federal Rule of Civil Procedure 72(b), the Court has reviewed the Report and Recommendation for clear error.’ Finding no clear error, the Court adopts the Report and Recommendation in its entirety. Accordingly, this Court TRANSFERS this case to the Houston Division of the Southern District of Texas. IT IS SO ORDERED. DONE at McAllen, Texas, this 21st day of May, 2020. War, 7 Micaela Alvarez United States District Judge

' As noted by the Fifth Circuit, “[t]he advisory committee’s note to Rule 72(b) states that, ‘[w]hen 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.’” Douglas v. United Servs. Auto. Ass’n, 79 F.3d 1415, 1420 (5th Cir. 1996) (quoting Fed. R. Civ. P. 72(b) advisory committee’s note (1983)) superseded by statute on other grounds by 28 U.S.C. § 636(b)(1), as stated in ACS Recovery Servs., Inc. v. Griffin, No. 11-40446, 2012 WL 1071216, at *7 n.5 (5th Cir. Apr. 2, 2012).

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