Hamby v. Wilson

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS TYLER DIVISION ASHLEY HAMBY, et al. § § Plaintiffs, § § Case No. 6:23-CV-249-JDK-KNM v. § § JAMES WILSON, et al., § § Defendants. § § ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE Asserting diversity jurisdiction, Plaintiffs Ashley Hamby and Ashley Webb initiated this negligence lawsuit on behalf of themselves and their minor children. The case was referred to United States Magistrate Judge K. Nicole Mitchell in accordance with 28 U.S.C. § 636. The Magistrate Judge approved the settlement as to the minors and issued a Report recommending that the lawsuit be dismissed with prejudice. Docket Nos. 83 and 84. No written objections have been filed to the Report. This Court reviews the findings and conclusions of the Magistrate Judge de novo only if a party objects within fourteen days of service of the Report and Recommendation. 28 U.S.C. § 636(b)(1). In conducting a de novo review, the Court examines the entire record and makes an independent assessment under the law. Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc), superseded on other grounds by statute, 28 U.S.C. § 636(b)(1) (extending the time to file objections from ten to fourteen days). Here, no objections were filed. The Court therefore reviews the Magistrate Judge’s findings for clear error or abuse of discretion and reviews her legal conclusions to determine whether they are contrary to law. See United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989), cert. denied, 492 U.S. 918 (1989) (holding that, if no objections to a Magistrate Judge’s Report are filed, the standard of review is “clearly erroneous, abuse of discretion and contrary to law’). Having reviewed the Magistrate Judge’s Report and Recommendation, the Court finds no clear error or abuse of discretion and no conclusions contrary to law. Accordingly, the Court hereby ADOPTS the Report and Recommendation of the United States Magistrate Judge (Docket No. 84) as the findings of this Court. It is ORDERED that the complaint is DISMISSED with prejudice. So ORDERED and SIGNED this 15th day of November, 2024. qe D_ Korb JHREMYD. KERN DLE UNITED STATES DISTRICT JUDGE