Banda v. Cappuccio

Opinion

FILED December 03, 2024 UNITED STATES DISTRICT COURT ss cLerk, us. District couRT WESTERN DISTRICT OF TEXAS WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION BY: NM DEPUTY CHRISTOPHER P. O. BANDA, § § Plaintiff, § § v. § § CIVIL NO. SA-23-CV-00946-OLG-RBF ELLIOT S. CAPPUCCIO, RYAN § QUIROZ, and PULMAN, § CAPPUCCIO, & PULLEN, LLP, § § Defendants. § ORDER ADOPTING REPORT AND RECOMMENDATION The Court has considered United States Magistrate Judge Richard B. Farrer’s Report and Recommendation (R&R), filed October 31, 2024, concerning Defendant Ryan Quiroz’s Motion for Summary Judgment. (See R&R, Dkt. No. 42.) Any party who desires to object to a Magistrate Judge’s findings and recommendations must serve and file specific written objections within fourteen days after being served with a copy of the findings and recommendations. FED. R. Civ. P. 72(b)(2). The parties, through counsel, were electronically served with a copy of the R&R on November 1, 2024, and the time to object has passed. Because no party has objected to the Magistrate Judge’s findings or recommendations, the Court reviews the R&R for clear error. See United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989); cf 28 U.S.C. § 636(b)(1) (“A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which an objection is made.”) Upon review, the Court finds that the R&R is neither clearly erroneous nor contrary to law.

Accordingly, the Court ADOPTS the Magistrate Judge’s R&R, and, for the reasons set forth therein, Defendant Quiroz’s Motion for Summary Judgment (Dkt. No. 20) is GRANTED, and all claims against him are DISMISSED. It is so ORDERED.

SIGNED this ? day of December, 2024. Oe ORLANDO L. GARCIA United States District Judge